What should an executor do if an estate receives a claim?

Receiving a claim — or a letter foreshadowing one — can be confronting for an executor. You may feel responsible to beneficiaries who want progress, while also needing to treat the claim seriously and protect the estate as a whole.

This article is general information only. It is not a defence manual and not advice about any particular claim.

Pause before major irreversible steps

Once a claim is clearly foreshadowed or received, caution around significant distributions and some asset dealings is often wise until advice is obtained. That does not mean every routine administrative task must stop. It means high-impact decisions should be considered carefully.

See What happens if an estate cannot be distributed because of a dispute?.

Understand what is being claimed

Claims against estates are not all the same. Early questions include:

• Who is making the claim?
• What remedy are they seeking?
• Is the issue provision, validity, administration, or something else?
• Has anything been filed in court, or is this still correspondence?
• What deadlines, if any, have been stated?

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Any stated deadline should be checked promptly with a lawyer rather than assumed from memory or from another case.

Gather the core documents

Useful materials for an initial advice discussion often include:

• the Will and any codicils
• the grant of probate or administration, if issued
• the claim letter or court documents
• a high-level list of known assets and liabilities
• notes of key family relationships
• any prior correspondence with the claimant

You do not usually need a perfect inventory on day one. You do need enough structure for advice to be meaningful.

Communicate carefully

Executors sometimes feel pressure to explain themselves directly to every family member at once. Careful, consistent communication — often through solicitors once a claim is live — can reduce mixed messages. Beneficiaries may disagree with how you handle the claim; your duties are connected with the estate administration as a whole, not with satisfying one camp’s preferred narrative. See What happens if an executor and beneficiary disagree?.

Resolution is not the same as capitulation

Many estate claims are addressed through disclosure, correspondence, negotiation or mediation. Court hearings are sometimes required; they are not automatic. A measured defence can include exploring resolution without assuming the claim must succeed or fail.

Cost, delay, evidence and the interests of all affected parties usually form part of that assessment.

Avoid common executor mistakes

At a general level, risk often increases where executors:

• ignore a claim hoping it will go away
• distribute substantial assets without advice after a claim appears
• take sides publicly among beneficiaries
• destroy or casually alter records
• give informal undertakings they do not understand

Calm process is protective.

Next steps

If you are an executor facing a claim against an estate, obtain advice early so the next step is deliberate rather than reactive.

See Estate Disputes, including defending an estate claim, or begin an enquiry at Discuss an estate dispute.