Losing a loved one often means uncertainty around managing their financial affairs. Different people may feel they have a right to claim the right to access assets or property by taking out probate or similar grants.
So how do you determine the lawful administrator without lengthy court battles? This is where “interest actions” can assist.
What is an Interest Action Exactly?
In a nutshell, an interest action asks courts to decide who is legally entitled to obtain representation rights over an estate.
Here is an expanded section with more detailed examples of when interest actions might arise:
When Might Interest Actions Arise?
Interest actions can come about in a variety of situations involving disputes over who has the right to obtain representation to administer an estate. Some common scenarios include:
- The named executor in a will has died: If the original executor appointed in a will is no longer alive to carry out their duties, arguments may ensue between potential successors over who should take their place. For example, the deceased executor may have children from multiple relationships making competing interest claims or there could be ambiguity around whether responsibility should pass to the executor’s spouse or siblings. An interest action would enable a court to determine the rightful successor based on assessing entitlement factors like inheritance precedence and the specifics of any will provisions.
- Estranged family members resurface after long absences: It is not uncommon that previously absent or unknown children, siblings, or other relations may suddenly appear to make administrator bids following a death announcement. If the validity of claimed biological or legal relationships comes under scrutiny, requiring judgments on lineage connections and ancestry rights, an interest action allows for determinations to be made on which family member heirs meet eligibility thresholds – and rank highest in priority – to manage assets.
- Multiple or lost wills contain conflicting appointee names: In some cases, multiple wills may exist with differences in appointed executors, or a last known will cannot initially be physically located, necessitating interest actions to evaluate the validity and superiority of the variants. This includes assessing whether later documents properly revoked earlier ones. These scenarios breed natural disputes that courts can settle through confirming which named estate administrator takes priority based on a reasoned interpretation of available evidence on balance.
The judgment from an interest action then confirms who can officially manage the deceased’s affairs as personal representative going forward.
Do You Need Help With an Interest Action?
Navigating the often complex legal procedures around interest actions requires expert guidance. Here at C-PAID, our panel of specialist contentious probate and contested wills solicitors have extensive experience dealing with estate administration disputes.
If competing interests mean you’re unsure of your rights managing a loved one’s estate, we offer free consultations and assessments to establish if an interest action could help. Our solicitors take on appropriate cases on a No Win, No Fee basis, giving you robust legal representation without financial risk if your case proves unsuccessful.
