Hello, my name is Justin Patten and I'm a solicitor and principal at Human Law. When you have a probate dispute, it's difficult, it's emotional and particularly if you're an executor, you're concerned about how things are going to work out and what your responsibilities and potential liabilities are. At Human Law, what we do is we try and help you identify what is causing the problem and then get you to a solution as quickly and cost-effectively as possible. These kind of matters are not easy, but you can be rest assured that we're experienced. We're confident that you'll be able to get a solution without necessarily having to go to court. If you have any further questions or concerns, by all means email me and I will do my best to give you a concise reply. We look forward to hearing from you.
Estate accounts
Estate accounts: guidance for executors
Responding calmly to requests for accounts while keeping the estate’s long-term progress in view.
When a beneficiary asks for estate accounts or starts putting pressure in this domain, generally, an executor must be ready to provide estate accounts to a residuary beneficiary. The important thing in this scenario is to remain calm and just focus on the long-term objective, which is resolving the estate, reaching a satisfactory conclusion. In that scenario, the key is to balance out what is your requirement, what is reasonable to provide against information which is over detailed and does not directly relate to the beneficiary's entitlement.
Estate accounts
Estate accounts: guidance for beneficiaries
Setting out your concerns clearly and considering the next step when information from an executor is unsatisfactory.
One of the key decisions that you have to make as a beneficiary is whether you're going to accept the information given to you or whether you're going to do something about that. Before you do anything, one has to set out your position clearly in writing. A solicitor can help because they can help you identify where your points of strength are and where you have to let go. When I look at a matter, what I will do is I will assess the information given to me by you as the beneficiary and then decide what is the next step forward. Typically, that will involve us writing to the executor, setting out your position. If we are not satisfied with the information, we can consider our next step. Now, that will include making a possible application for inventory and account. Also, there is the potential to seek to recover legal costs on your behalf. And again, that is linked with what information is there, what information you put forward to the executor.
Caveats
Caveat warnings: understand the issues before acting
Justin discusses why understanding the underlying dispute and choosing the timing of a warning matter.
There are two things to pay attention to of caveats. And they focus on the content of the issues you're dealing with and also the timing of how you deal with the caveat. Biggest danger that you can have is that you can immediately issue a warning at the first sight of a caveat or you issue a warning too soon. The point about this is that there is a time to issue your warning. The key thing that you need to do is to have a handle on your case. And you need to understand what the issues are. Generally what I try and do when I deal with a caveat is to work out what is required to actually get rid of this caveat. Another aspect about caveats, which is misunderstood, is that once an appearance is made, it doesn't mean that it's permanent. What it means is that in order to get rid of that caveat, it has to either have a registry order or it will ultimately have to go to the high court therefore, with dealing with the caveat, provided that you understand the issues, provided you understand what is required to get rid of the caveat and that you've dealt with those issues before issuing your warning. You should be in a good position to eliminate the caveat.
The book
The Out-of-Court Executor: an introduction
Justin introduces his practical handbook and Six Pillars framework for executors facing conflict and delay.
Being an executor is a responsibility, but when disagreements arise, it can quickly become stressful, expensive and deeply personal. I'm Justin Patten, solicitor and mediator of more than 20 years’ experience, and I'm author of the book The Out-of-Court Executor. It's a practical handbook for executors facing family disputes, stalled estates and difficult decisions. At its heart is my Six Pillars framework, a structured approach to understanding the dispute and deciding what to do next. Some cases need court intervention, but there's often useful work you can do before that point. If you're an executor facing conflict, delay or uncertainty, you don't have to navigate it alone or wait until the dispute is in a courtroom. The book gives you practical guidance and structured approach you need to take control, protect yourself and move the estate towards resolution.
Use the CC control for English captions, or expand the transcript beneath each video. These videos provide general guidance; any procedural step needs assessment against the facts and current position.
Need Advice About Your Estate?
If the guides and videos do not cover your situation, email Justin a brief outline. We will check suitability and conflicts before agreeing any paid work.