What Information are Beneficiaries entitled to?
The executors must keep estate accounts containing an inventory of the estate assets and provide this information to the beneficiaries on request.
Beyond this requirement executors have a discretion to disclosure further information and documentation but this will not usually extend to disclosing information relevant to how an executor has reached a decision to administer the estate in any particular way.
If this is not done an interested party might apply to the Court or the Probate Registry for an order requiring the executor to provide the information requested.
When considering a request for disclosure from a beneficiary or interested party they should consider whether the documents sought:
- contain legal advice that is privileged to the executors?
- are confidential
- can practically be disclosed
On any request it should also be considered whether there is a legitimate reason for the request.
If an executor is unclear whether disclosure should be provided application can be made to the Court for directions to clarify the appropriate response.