A guide for beneficiaries

If the named executor in the will is deceased or is unwilling to act, then you could apply to the court to be an executor. If there is no will, you might be able to apply to the Probate Registry for letters of administration to become an Administrator.

Who can apply to be an executor, when there is no will, is decided by the rules of intestacy on who is the most entitled person in order of priority. This is normally the deceased’s closest living relative, such as a spouse (but not an unmarried partner) and children. Further information about inheritance if there is no will is on the Citizens Advice website: Who can inherit if there is no will – the rules of intestacy

You should be advised that you are a beneficiary as soon as possible. However, beneficiaries do not have a specific legal right to updates on progress during the administration of an estate. Executors and administrators have discretion over what information they share with you and when they share it. 

This includes reading the will. Executors can exercise discretion over whether to disclose the will to you and when. However, if probate is required, then the will becomes a matter of public record, and anyone can access a copy by applying to the Probate Registry. 

However, as a matter of good practice, executors are encouraged to keep beneficiaries informed and make the process as transparent as possible as long as this is proportionate. For example, they might agree to provide an update at a particular frequency or when certain steps are taken. If probate is necessary and has been granted, executors must keep accounts and show them to you on request.

This can depend on how straightforward or complex the estate is to administer. Typically, estates take around six to nine months to administer but can be more than 12 months in more complex cases, for example if there are foreign assets. A straightforward estate without a property to sell or inheritance tax to pay could take as little as three months. 

The executor or administrator has no obligation to distribute the estate within the first 12 months of the date of death. This is known as the 'executor's year'. This allows them time to collect in the estate's assets, obtain probate and settle any outstanding debts or liabilities first. If probate is necessary, then the grant of probate must be issued before any funds are allocated to the beneficiaries.

Sometimes interim payments can be made if banks and other financial organisations agree to release funds without waiting for probate. This can be useful if you are experiencing financial hardship. However, it is at the bank or financial institution’s discretion, and organisations have their own policies on when they will do this.

After all debts have been settled, anything left can then be shared with the beneficiaries. There is a strict order of distribution which sets out the priority for this:

1. Legacy beneficiaries entitled to a specific gift or sum of money (a pecuniary legacy) receive their share first.
2. Residuary beneficiaries receive whatever remains from the estate.

Complaints and disputes between beneficiaries and executors can often happen because of frustrations around the length of time taken to administer an estate. Particularly if you feel you are not being kept informed about progress. 

Unfortunately, administering an estate can sometimes take several months or longer and executors and administrators are not obliged to provide you with regular updates. However, as you have a vested interest in the estate, it is reasonable that the executor(s) should be transparent about any important issues or delays. If it is a lay executor write to them to ask for information.

If you are not satisfied about the service provided by a professional executor, you can raise a complaint with the firm about any aspect of their service. The Legal Ombudsman (LeO) have template letters to help you do this.

If you are dissatisfied with their response, you may be able to raise a complaint with LeO as an individual or on behalf of the estate. LeO have some helpful case studies to help you understand the circumstances in which you are entitled to complain to them. 

An executor should exercise reasonable care and competence to make sure they act in the best interest of the beneficiaries. If you are concerned that they are failing to carry out their role properly, you could ask for an account of the administration. If you are not satisfied and have grounds, it is possible to apply to the Court to have an executor removed or replaced. This can be expensive, and you should consider obtaining legal advice.

When a probate practitioner, such as a solicitor or an accountant, is instructed to administer the estate on behalf of the lay executors, information about the estate will be provided to the executors directly by the solicitor or accountant. As beneficiaries are not the practitioner’s clients, they are not entitled to the same level of detailed information as the lay executors.

However, if the only executor is the probate practitioner, and there is no lay executor, the firm’s client is the deceased’s estate. In this case, it is reasonable that firms are open and transparent and offer beneficiaries information when asked. This includes reasonable responses to reasonable questions in a reasonable time. If you are a sole residual beneficiary, you should expect to receive more detailed information about anything that might impact your inheritance, including costs information.

Professional executors should be transparent about their fees, and this should be set out in a letter of engagement to the lay executor or to you, if there is no lay executor. You may be able to challenge or complain about their fees in certain circumstances. 

For example, if there is no lay executor and the firm’s estimate has been exceeded without providing any updates about the additional cost, you could raise a complaint with the firm. If you are not satisfied with their response, you may be able to raise a complaint with the practitioner’s professional body or LeO. However, you do not have an automatic right to challenge fees agreed by the lay executor.

Beneficiaries can apply for a deed of variation if they want to make changes to their entitlement from a will after someone has died. The deed needs to be signed by all affected beneficiaries and must set out what the tax impact is. For tax purposes, the deed needs to be signed within two years of death. If a beneficiary is under 18, consent is required from the courts.

However, if you are the only beneficiary and this will not affect the other beneficiaries, for example, because it is a specific gift, then agreement from the other beneficiaries may not be necessary. HMRC has a useful checklist to help you work out whether the deed will meet all legal requirements.