What information are estate beneficiaries entitled to?

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 estate beneficiaries ask for information. We look at their rights and what they are entitled to know.

Estate administration can be complex.  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.  Resist being pushed into lengthy communications and explanations for your actions. We take a look at how to deal effectively with estate beneficiaries and how to keep matters both professional and civil.

Keep in touch

You are not bound to report every step of the process to beneficiaries.  Provide them with periodical updates, to 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.  They might start to distrust your actions and wonder if the estate is being handled properly and if their best interests are being observed. Also, this could lead to them feeling 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.  Provide a brief explanation of any delays which are being experienced. For example, it is sometimes the case that the Probate Registry is overwhelmed with applications.  Thus 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 reassures the estate 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.  Once the grant has been issued, beneficiaries will be able to see this.

The right to see estate accounts

Only residual 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.  They 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 estate beneficiaries civil as far as possible. Consider the implications of providing a beneficiary with information and why they might want this. If the information is confidential and relates to another beneficiary, you should proceed with caution. Similarly, someone receiving a small bequest would not usually be given information about the wider estate.

If you ask a probate solicitor 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 probate solicitor will be able to advise you on what it is appropriate to reveal and to field enquiries on your behalf.

A probate solicitor will also be able to refuse a request without it affecting the relationship between executor and beneficiary.  It also reduces 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 probate solicitor has been appointed, all requests can be legitimately directed to them. 

The estate executor can step back from the administration process, telling beneficiaries that the solicitor is dealing with everything.

Contact Us

If you would like to speak to one of our experts about making a Will or any associated estate planning, call us FREE on 0800 781 6658 or email us at enquiries@estplan.co.uk