Case Study: Successful Resolution of a Complex Estate Administration

21 August 2024 | Wills, Trust & Probate |

Our Wills & Probate team at Fishers Solicitors recently resolved issues relating to a challenging estate administration matter, ultimately bringing it to a successful conclusion where beneficiaries were paid out swiftly.

The background to the estate administration matter

Mrs. S passed away, leaving behind a Will that appointed two of our Partners at Fishers Solicitors as Executors. She had no children, and her husband had pre-deceased her. In her Will, Mrs. S directed that her estate be divided among several family members.

Family Disputes and Challenges when dealing with estate administration 

Among her assets, Mrs. S owned a plot of land separate from her main residence. Unfortunately, the unregistered title deeds to this land could not be located, posing a significant obstacle in the administration process. Our Fishers Solicitors property team was tasked with conducting an extensive investigation to resolve this issue.

During the investigation, a critical breakthrough occurred when a family member produced a letter containing vital information. This clue enabled us to confirm that the deceased was indeed the rightful owner of the land. Consequently, we were able to obtain a certified copy of a lost Conveyance from the 1970s, which allowed us to move forward with the sale of the plot opf land, successfully reconstituting the title.

As we progressed with the estate administration, we encountered several challenges in our dealings with the beneficiaries. One of the beneficiaries declared and claimed the existence of a more recent Will that we were unaware of. To address this, we conducted a detailed Will Search with Certainty, which confirmed that no other Will existed.

Additionally, some beneficiaries attempted to take matters into their own hands, removing personal property from the deceased’s home and attempting to manage the estate without the approval of the professional Executors. Consequently, we politely but firmly reminded the family members that the responsibility for the estate’s management rested with the professional Executors. We arranged for a third-party company to conduct regular checks and maintenance on the property, with written records of all visits maintained.

Further complicating matters, the beneficiaries were involved in longstanding disputes with each other, which intensified following Mrs. S’s passing. To address these tensions, we facilitated round-table meetings with all parties, demonstrating understanding and compassion to diffuse the situation and ensure that all beneficiaries received updates simultaneously.

Conclusion to estate administration 

Through our diligent efforts, we were able to navigate these challenges and bring the estate administration to a successful conclusion. The beneficiaries were paid out promptly, and the estate was settled efficiently.

How Can We Help?

If you require expert assistance with estate administration or have any related concerns, our dedicated team is ready to support you. Please contact Jayne Parsons, Associate & Head of Wills and Probate, at jayne.parsons@fisherslaw.co.uk or call 01530 412167 to discuss your specific needs and how we can help.