Beneficiary Disputes

Unfortunately, beneficiary disputes are not uncommon. Our experienced London and Cambridge-based solicitors are here to guide and support you to find the best resolution.

What Is a Beneficiary?

A beneficiary is an individual designated to receive assets, property, or benefits from a Will, trust, insurance policy, or other financial arrangement upon the death of an individual.

Beneficiaries can include family members, friends, charities, or organisations and are entitled to the distributions according to the terms set by the benefactor.

Why Do Beneficiary Disputes Arise?

There are several causes of beneficiary disputes. Three common causes include:

Sale of an Estate

One of the main causes of conflict involves the sale, or lack of sale, of an estate.

The decision to sell a property is carried out by an executor following the Will’s terms, but if a beneficiary has been living in the estate, or if one beneficiary will receive a higher portion of the estate than another, disputes will often arise.

Missing Beneficiaries

Another frequent cause of beneficiary disputes comes in the form of missing beneficiaries, which can cause issues during the probate process. To avoid disputes, beneficiaries often sign an agreement stating that upon the location of a missing beneficiary, a portion of inherited money will be returned later on. Upon the assumption that a beneficiary may have passed away, the court may grant a “Benjamin Order”, protecting the Will executor from personal liability when distributing an estate.

Uncooperative Beneficiaries

In some instances, a beneficiary may demonstrate a lack of cooperation, obstructing the distribution process for other beneficiaries and complicating the estate administration process for executors. To receive their designated share of an estate, beneficiaries must sign a release to give their approval for the administration of the estate. However, if they believe there are faults within their inherited share, they may refuse to sign the release, triggering the need for legal guidance.

Typical Concerns of Beneficiaries

Concerns often arise when the beneficiaries are not kept informed or updated in respect of the estate administration. Beneficiaries may choose to seek legal advice if executors:

Fail to distribute the estate in line with the deceased’s wishes
Act negligently which causes a financial loss to the estate
Agree to sell the deceased’s assets at a deliberate undervalue
Charge excessive fees
Steal or misuse estate assets

How Can Disputes Be Resolved?

Our expert solicitors can provide you with strategic guidance and legal advice during and after a beneficiary dispute. We can assist in mediating conflicts through negotiation, a common form of Alternative Dispute Resolution (ADR). We advise that “round table meetings” occur to discuss the concerns between beneficiaries and, if involved, executors.

If an agreement cannot be reached, our solicitors are prepared to represent clients in court, advocating for their rights and interests. Our knowledgeable team ensures that all legal procedures are correctly followed, gathers and presents evidence, and navigates the complexities of estate and trust law.

Additionally, our solicitors offer clarity on the terms of the Will or trust, help remove or replace executors or trustees if necessary, and work to minimise delays and legal costs.

Why Choose Culver Law?

Legal Expertise: Our team at Culver Law boasts extensive experience in estate and trust law, providing you with unparalleled legal expertise to navigate complex beneficiary disputes effectively.
Compassionate Approach: We understand the emotional strain that beneficiary disputes can cause and are committed to offering compassionate support, ensuring you feel heard and respected throughout the process.
Tailored Towards Your Needs: We recognise that every situation is unique, and we develop personalised strategies to address your specific concerns and goals, striving for resolutions that best serve your interests.
Transparency Throughout: At Culver Law, we prioritise clear and open communication. We keep you informed at every stage, ensuring you understand the progress and any developments in your case.

How Much Does This Service Cost?

As our support is tailored to each individual's specific needs, there is not a one-size-fits-all price.

However, we do offer a free initial meeting, to evaluate the claim and get things started and then typically will offer a fixed fee ranging from £1,000 to £2,000 inclusive for our initial work in contacting the relevant parties. Thereafter fees will be quoted based on the work required.

Meet Our Beneficiary Dispute Team

Michael Culver

Michael is a Court of Protection panel deputy for property and affairs. Based in our London office, he is responsible for managing the money and assets of people unable to manage such matters for themselves. Michael has also acted as a health and welfare deputy for a number of clients, making decisions for such clients over matters where they are unable to make decisions for themselves.

Michael is a Chartered Tax Adviser (CTA) with the Chartered Institute of Taxation, a full member of the STEP, a dementia friends champion with the Alzheimer's Society and a member of the Association of Contentious Trusts and Probate Specialists (ACTAPS).

Bridget Shinnick

Bridget is a Solicitor (Australian Qualified) at Culver Law, having joined the firm in April 2024. She obtained a Bachelor of Law and Legal Practice Degree in Australia in 2018, and then commenced her career as a solicitor in a top-tier Australian law firm. She specialises in Private Client work and Contentious-Probate matters, including Inheritance Act claims, challenges to the validity of Wills, and Executor and Beneficiary disputes.

Bridget understands that she works in a sensitive area of law, and therefore always undertakes her work with compassion and empathy.

Prior to joining Culver Law, Bridget was listed as a 2024 Rising Star in Wills and Estates Law in Doyles Guide (Australia’s equivalent of the Legal 500).

Our Expert Team is Here to Assist During Beneficiary Disputes

Our solicitors in London and Cambridge have a proven track record in finding the best resolution for those experiencing beneficiary disputes. Please get in touch with us to discuss how we can help your individual needs.

FAQs

Can an executor or trustee be removed?

Yes, an executor or trustee can be removed if they are found to be acting improperly and negligently, such as breaching their fiduciary duties, displaying a conflict of interest, mismanaging the estate, or failing to follow the terms of the Will or trust. Our solicitors can help you file a petition to remove them.

Can beneficiary disputes be settled out of court?

Yes, many beneficiary disputes are settled out of court through negotiation or mediation. This can save time, reduce costs, and preserve relationships between the parties involved.

What if I am not included as a beneficiary but believe I should be?

If you believe you should be included as a beneficiary, you can challenge the Will or Trust. A solicitor can help you assess your claim and guide you through the legal process to seek inclusion.

How can I avoid beneficiary disputes in the future?

To avoid beneficiary disputes, ensure that your Will or Trust is clearly written, regularly updated, and legally sound. Communicate your intentions to your beneficiaries and consider discussing your estate plan with a solicitor to address potential issues proactively.

Wills, Probate and Inheritance Disputes

Get in touch

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Authorised and Regulated by the Solicitors Regulation Authority. SRA Number: 820401.

Culver Law, London
44 Southampton Buildings
London
WC2A 1AP
0203 889 0166
Company No. 13313009

Culver Law, Cambridge
9 Hills Road
Cambridge
CB2 1GE
01223 653010

Any information on this website, whilst intended to be accurate, does not constitute legal advice.

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