This week, estate dispute specialist Nicola K Smith offers a checklist of red flags to look out for in estate administration and explains why swift action is better than a ‘wait and see’ approach.
Not every estate ends up in a courtroom, but many come close. And often, the warning signs were there from the start. If we want to reduce costs, delays and family fallout, practitioners need to spot the red flags early and take proactive steps to manage risk before a dispute takes root.
This guide provides a practical checklist to identify early warning signs and take action before small issues become full-blown disputes.
- Family tensions surface before probate
Watch for:
- Historical grievances (such as perceived ‘golden child’ or ‘scapegoat’ dynamics).
- Last-minute will changes that benefit one party.
- Inconsistent information being given by different family members.
- Reluctance to share details about the will or estate plans.
If clients are already describing family as ‘difficult’, make a note and dig deeper.
- Poor communication between executors
When co-executors are appointed but barely speak, or where one seems to be excluding the others, it often leads to:
- Delays in grant application.
- Disputes over distribution of assets.
- Allegations of misconduct or secrecy.
Ask yourself: Who’s taking the lead? Is there regular contact? Are decisions being documented?
- Early signs of maladministration
Before you’re instructed in a dispute, dysfunction often shows up in:
- Assets being sold or moved before grant.
- One executor making payments or decisions unilaterally.
- Failure to produce estate accounts or valuations when requested.
- Delays with no explanation.
Practitioners advising on estate planning or probate must record and flag these issues early and consider whether professional executors are more appropriate.
- Emotional or cognitive concerns
Where an executor:
- Is grieving intensely
- Shows signs of confusion, memory loss, or poor judgement
- Is being influenced by others behind the scenes
…it may not be a capacity issue per se, but it can lead to poor decisions and delays. Consider support, supervision or whether replacement is appropriate.
- Planning ahead to avoid trouble
Help future-proof estates by:
- Using professional executors for complex or high-value estates.
- Including dispute resolution clauses in wills.
- Encouraging open family conversations during estate planning.
- Making a file note of any known tensions or concerns.
Final thoughts
Disputes don’t just arrive, they build. And often, the solicitor is the first to see it coming. By identifying and responding to red flags early, we can:
- Reduce risk.
- Save client costs.
- Protect the estate.
- Enhance our own reputation as trusted advisers.
Checklist
Use this as a quick red flag screen:
- Executors communicating regularly and respectfully?
- Clear record of decisions and agreement?
- No concerns about early asset movements?
- Capacity and emotional readiness of all involved?
- No prior family hostility or exclusion patterns?
If you’re ticking ‘no’ more than once – don’t wait. Act early.
About the author
Nicola K Smith is a senior associate in the specialist Contentious Trusts, Probate and Court of Protection team at Forbes Solicitors, based in Manchester. With over 12 years of litigation experience, she now focuses exclusively on disputes involving the administration of estates, trusts and the affairs of vulnerable individuals.
