Executor's role in claims for financial provision from an estate

We have advised on a number of matters where we already act for an executor in the administration of an estate in which a claim has been made against the estate, most commonly by a spouse of the deceased or someone who had been cohabiting with them, on the ground that reasonable financial provision has not been made for them from the estate......>>

It is the role of an executor to remain neutral in such disputes and simply to provide information to the parties to the dispute, generally the claimant and beneficiaries of the deceased's estate, and the court where proceedings have been issued, about the size and nature of the deceased's estate. We have advised executors on several matters as to their obligations and have assisted them in preparing the necessary evidence for the court.

Once the dispute has been resolved either by negotiation or as a result of court proceedings, the executor must distribute the estate in accordance with the agreed settlement or court order.

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