A brother and sister. Two years after their mother’s death, the estate remained frozen. The legal fees had already passed £80,000, paid from the inheritance they were meant to receive. Their relationship, once close, was fractured by the stress. The cause was a claim against the estate by a relative. But the real damage came from a flaw in their mother's original planning. She had made them both executors and the sole beneficiaries of her will.
On the surface, this is the most common arrangement in the UK. But it contains a fundamental conflict when an estate is challenged.
The Executor's Trap The law expects an executor to be neutral. Their role is to gather assets and distribute them according to the will and any court order. They serve the estate. A beneficiary, by contrast, has every right to defend their own inheritance. When a claim is made under the Inheritance Act 1975, the beneficiary is the one who stands to lose out, so they are the ones expected to oppose it.
When the executor and the beneficiary are the same person, they are caught. They must act impartially while their personal inheritance is on the line. Every decision is scrutinised for bias. The court, and the opposing side's solicitors, will question every move. This conflict doesn't just stress the family; it costs them money in legal fees and delays the entire process by months, often years.
A Question of Protection The clear planning implication is this: choosing your executor is not a sentimental decision. It is a critical, tactical one. Appointing your children seems like a demonstration of trust. But if you foresee any possibility of a claim – from a former spouse, an estranged child, or a dependant – you may be handing them a poisoned chalice.
A professional executor, or another neutral party, can stand dispassionately between warring factions. Their duty is simple and unconflicted. They administer the estate, leaving the beneficiaries free to instruct their own solicitors to defend their own interests. It costs the estate a fee, yes. But that fee is a fraction of the £80,000 this family has already wasted on litigation.
We can guide you through these decisions. They are not easy, but they are necessary.
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Written by Sean Kiani, Estate Planner at Inheritance Made Simple. Sean writes and reviews the firm's guidance on estate planning, wills, trusts and inheritance tax, and works with families across Bournemouth, Poole, Dorset and Central London. Verify Sean's Society of Will Writers membership listing.