Independent Administration
Following an initial consultation with one of our Wills & Estates lawyers, we can advise whether independent administration may be appropriate and guide you through the steps needed to protect the estate and resolve the dispute.
When someone passes away, their assets form part of their estate. Usually, the estate is managed by the person appointed under the Will or by an administrator if no executor is able to act. That person is responsible for collecting assets, paying debts and distributing the estate to those entitled to it. Where disputes arise, however, it may be necessary for an independent administrator to be appointed to take over the management of the estate.
Independent administration is often relevant where:
- There is a dispute about the validity of a Will,
- There is conflict between family members, beneficiaries or executors,
- The person appointed to manage the estate is unwilling, unable or unsuitable to act,
- There are concerns about delay, impartiality or the way the estate is being administered,
- Estate assets need to be protected while a dispute is being resolved.
Appointing an independent administrator can help reduce conflict, protect estate assets and provide a clear way forward while legal or practical issues are worked through. It can also give beneficiaries confidence that the estate is being managed by a neutral party. It can also help prevent further delay and provide a practical framework for resolving issues as they arise.
At Aitken Partners, we assist clients with disputes about the management of deceased estates. We can advise on the available options, take steps to safeguard the estate where needed, and help move the matter toward resolution.
We can assist with:
- Assessing whether independent administration is appropriate,
- Applications to remove or replace an executor or administrator,
- Disputes between executors, beneficiaries and family members,
- Urgent steps to protect estate assets,
- Advice about the duties and obligations of executors and administrators, and
- Contested estate administration matters.
Many disputes can be reduced or avoided through good estate planning. Clear and up to date estate planning documents, careful choice of executor and proper advice during the planning process can help minimise uncertainty and reduce the risk of conflict later on.
Whether you are facing a dispute now or want to put better planning in place for the future, our Wills & Estates team can provide practical advice and experienced support.
Get in touch
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Frequently Asked Questions
Yes. If an executor is unwilling or unable to act, has delayed the administration, has a conflict of interest or is otherwise not properly carrying out their duties, it may be possible to apply to have them removed or replaced. Whether that is appropriate will depend on the circumstances of the estate and the nature of the concerns.
An executor is the person appointed under a Will to administer the estate. An administrator is usually appointed where there is no valid Will or where no executor is able or willing to act. In practical terms, both roles involve managing the estate, but the source of their authority is different.
If an executor is not acting properly, it is important to get advice early. Depending on the issue, it may be possible to seek information about the administration, take steps to protect estate assets, or apply to have the executor removed and another person appointed in their place.
If there is a dispute, the person already appointed may continue to manage the estate for a time, but in some cases a neutral person may need to step in. Where necessary, the Court can appoint an independent administrator to manage the estate while the dispute is being resolved.
Yes. A beneficiary may be able to raise concerns where there are issues such as delay, lack of transparency, unfair conduct or disputes about how the estate is being managed or distributed. The appropriate response will depend on the nature of the dispute and the steps already taken in the administration.
The time required will depend on the complexity of the estate, the number of people involved, the type of dispute and whether the matter can be resolved by negotiation or requires court proceedings. Some disputes can be resolved relatively quickly, while others may take much longer if there are contested issues about the Will, the estate or the conduct of the personal representative.
No. Many estate disputes can be resolved without a final court hearing through early advice, negotiation or other forms of dispute resolution. However, court involvement may be necessary in some matters, particularly where urgent orders are needed, the dispute cannot be resolved, or an appointment or removal of a personal representative is required.