Navigating estate administrations post settlement of disputes

Estate administrations can be complex and challenging, even when the estate is not of high value. Disputes over estates are becoming increasingly common.

Recent case law demonstrates the kinds of claims which are being put in front of the courts. In Scott v Scott [2025] EWHC 2796 (Ch), the court considered a proprietary estoppel claim brought by one of the deceased’s sons regarding alleged promises made by the deceased about his interests in the family farm. In Rogers v Wills [2025] EWHC 1367 (Ch), the dispute concerned an unwritten understanding that a daughter would be compensated for the care she provided to her mother from her estate. Both cases highlight how reliance on unwritten assurances or promises can lead to significant complications during an estate’s administration.

Sources of conflict

Intestacies (where there is no will) are also fertile ground for disputes and claims from family members and any other individuals closely connected with the deceased. Even where a will exists, disputes can arise over issues such as the deceased’s capacity, the validity of the will or the nature of its contents. Another common source of conflict in succession/estate planning is balancing the interests of the respective sides of blended families.

The above can make the administration of an estate difficult for an executor or administrator and often they can also find themselves in a position of deadlock or conflict being unable to effectively move the administration forward in a meaningful way.

When claims, conflicts or other reasons make it untenable for an executor or administrator to act or continue in their role, an independent administrator can be appointed to take over the administration of the estate. This can happen before or after a grant of probate has been issued. The appointment can either be made by agreement between the parties or by court order.

An impartial process

Independent administrators are neutral professionals, such as probate practitioners or trust corporations. They ensure that the estate administration process is handled impartially and dispassionately considering the interests of all beneficiaries in accordance with the court order or agreement. As independent administrators are highly experienced, they bring a level of expertise which is often needed where estates have complexities.

In highly contested estates, where emotions often run high, it is advisable for interested parties to retain their own legal representation to work alongside the independent administrator until the administration is concluded. A professional-led approach typically delivers the best outcomes.

At Birketts, we frequently act as independent administrator through Birketts Trust Corporation Limited. Our team has extensive experience in managing both contentious and non-contentious aspects of estate administration, helping families navigate what can often be a distressing and difficult time. Should you wish to find out more, please do not hesitate to contact us.