Beneficiary Rights
What Are Your Rights During Probate?
If you have been named as a beneficiary in a will, or are entitled to inherit under the Rules of Intestacy, you have certain legal rights during the administration of the estate.
While executors are responsible for managing the estate, beneficiaries are entitled to expect that the estate will be administered properly, honestly and in accordance with the law.
Understanding your rights can help you know what information you can request and what action may be available if problems arise.
What Is a Beneficiary?
A beneficiary is someone who is entitled to receive money, property or other assets from a deceased person’s estate.
Beneficiaries may inherit:
- Money.
- Property.
- Investments.
- Personal possessions.
- Business interests.
- Specific gifts named in a will.
Your Rights as a Beneficiary
Depending on the circumstances, beneficiaries may have the right to:
- Receive their inheritance in accordance with the will.
- Be treated fairly by the executor.
- Receive reasonable updates about the estate.
- Expect the estate to be administered with due care.
- Raise concerns if they believe the executor is acting improperly.
The exact rights available depend on the circumstances of the estate.
What Information Can You Request?
Beneficiaries can often ask for information such as:
- Whether Probate has been granted.
- General progress updates.
- An estimated administration timescale.
- Confirmation that the estate is being administered.
Executors should communicate openly while balancing their legal responsibilities.
When Problems Arise
Concerns may arise where:
- Administration appears to have stopped.
- Assets appear to be missing.
- Executors refuse to communicate.
- Significant delays occur without explanation.
- There are concerns about conflicts of interest.
Professional legal advice may be appropriate if these issues cannot be resolved informally.
Compare Probate Solicitors Near You
Find a Funeral helps beneficiaries and executors compare experienced Probate solicitors who can provide clear legal advice and assist with estate administration.
Not usually. Executors should first settle debts, taxes and administration expenses before making final distributions.
In some circumstances, legal remedies may be available if an executor is failing to fulfil their duties.
Where Probate has been granted, the will generally becomes a public document.
Related Resources
- Beneficiary and Executor Rights
- Beneficiary Disputes
- Executors
- Estate Administration
- Probate Process