What happens when heirs disagree?
What happens when heirs disagree?
If heirs and beneficiaries disagree, it may be possible to challenge the person designated as an executor; it is also possible, if the estate owner is still alive, to discuss the matter with him or her to request that a change be made.
Can executor override will?
Yes, an executor can override a beneficiary’s wishes as long as they are following the will or, alternative, any court orders. Executors have a fiduciary duty to the estate beneficiaries requiring them to distribute estate assets as stated in the will.
What happens if joint executors of an estate disagree?
In other situations, Executors may disagree on what constitutes an administration expense and is therefore payable from the Estate, or one Executor could do something without the consent of the other. These are just a few examples of potential disputes that could arise between joint Executors.
What should I do if my executor disagrees with Me?
In such a case the only option left is to apply to the Supreme Court for court orders and directions. Depending on the dispute they can ask the court for guidance on a specific part of the dispute.
Is there a downside to having co-executors?
There is a definite downside to having co-executors, however. This downside comes into play when when co-executors disagree relating to the estate administration. Keep on reading to learn more about the options you can pursue when co-executors disagree. What happens when co-executors cannot agree on a decision relating to the estate administration?
What happens if an executor does not follow the will?
The executor has a fiduciary responsibility to follow the will’s instructions. If they do not, they can face fines, litigation, and get replaced with a new executor. An executor will have to pay off creditors and debts with the estate. After that, they are free to distribute the estate per the will’s instructions.