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After someone’s death, the executors or administrators of an estate have the task of winding up the deceased’s affairs. This can be a lengthy process and it is sometimes the case that beneficiaries ask for information. We look at their rights and what they are entitled to know.

Estate administration can be complex and if there are numerous assets and a property to be cleared and sold, it is likely to take many months, often a year or more. During this time, beneficiaries can become anxious and they may want to find out how matters are progressing. They may also have opinions on certain aspects of the administration, such as how much a property should be sold for.

As an executor or, if the deceased did not leave a Will, an administrator, it is important to manage beneficiaries’ expectations and not to be pushed into lengthy communications and explanations for your actions. We take a look at how to deal effectively with an estate’s beneficiaries and how to keep matters both professional and civil.

Keep in touch

While you are not bound to report every step of the process to beneficiaries, ensuring that they have periodical updates will reassure them that matters are progressing and that they have not been forgotten.

If they do not hear from you, their imagination could fill in the blanks and they might start to distrust your actions and wonder if the estate is being handled properly and their best interests observed. They may also feel the need to make an application to the court for information.

As an executor or administrator, you can advise them of the current state of the administrative process and give a brief explanation if any delays are being experienced. For example, it is sometimes the case that the Probate Registry is overwhelmed with applications, meaning a Grant of Probate or Letters of Administration could take many weeks, or you may have to wait several months for a reasonable offer if you are dealing with the sale of a property.

Even if there is little to report, a short update will reassure the beneficiaries that you have matters in hand.

Dealing with a request for a copy of the Will

Executors are not obliged to provide beneficiaries with a copy of the Will, but they often do so. Once a Grant of Probate has been issued, a Will becomes publicly available and anyone can order a copy from the Probate Registry. To keep relations amicable, it is usual to give major beneficiaries a copy of the Will if they ask, unless there is a reason not to do so.

Requests to know what assets are in the estate

Beneficiaries do not have a right to demand that an executor give them details of the assets in the estate, although residual beneficiaries do have the right to see the final estate accounts. Residual beneficiaries are those who will receive a share of the remaining estate once any specific gifts have been paid.

It is up to the executor to decide what information to release. It is not usual to provide details of the contents of the estate to non-residual beneficiaries.

The Grant of Probate or, if there is no Will, the Grant of Letters of Administration will give a figure for the size of the estate, so once the grant has been issued, beneficiaries will be able to see this.

The right to see estate accounts

Only residuary beneficiaries are entitled to see the estate accounts. These are the detailed accounts produced by the executors or administrators at the end of the winding-up process and will include details of all assets and liabilities as well as the estate income and administration expenses. Because the accounts are produced after the administration is substantially completed, the beneficiaries will have to wait to see these until they are ready.

Dealing with beneficiary requests for information

It is important to keep the relationship between executors or administrators and beneficiaries civil as far as possible. You should consider the implications of providing a beneficiary with information and why they might want this. You should not reveal any confidential information relating to another beneficiary without their specific authority.  Similarly, someone receiving a small bequest would not usually be given information about the wider estate.

If you ask a probate lawyer to deal with the estate administration on your behalf, this can solve the problem. Beneficiaries tend to be more reluctant to ask a professional to provide information. The lawyer will be able to advise you on what it is appropriate to reveal and to field enquiries on your behalf. A lawyer will also be able to refuse a request without it affecting the relationship between executor and beneficiary and reduce the risk of an executor feeling awkward over the situation or being pressured into providing information they did not really want to reveal.

Once a lawyer has been appointed, all requests can be legitimately directed to them and an executor will be able to step back from the administration process, telling beneficiaries that the lawyer is dealing with everything. Probate lawyers acting in estates will usually provide details of expected timescales to executors and beneficiaries at the outset.

Contact us

If you would like further advice please contact one of our Wills and Probate experts today.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.