In brief
Answer
Trustees must follow the trust instrument and fiduciary duties. Beneficiary rights depend on whether the interest is fixed, life, remainder or discretionary, and on the ages and capacities of all beneficiaries.
What matters in practice
If a caveat, grant, HMRC enquiry, court claim or distribution has already occurred, the available remedy can be very different from the pre-grant position. Preserve originals, keep estate assets secure and avoid distribution while a genuine ownership, tax or validity issue remains unresolved.
What usually decides the answer?
Whether there is a valid will and who has authority to administer the estate
How the asset was legally and beneficially owned at death
What estate accounts, valuations, lifetime gifts and tax information exist
Whether a dispute, caveat, limitation period or distribution has already arisen
What should I do next?
Secure the original will and key estate papers
Prepare an asset, liability and lifetime-gift schedule
Keep executor and beneficiary communications in writing
Do not distribute disputed or tax-sensitive estate assets prematurely
What evidence should I keep?
Keep originals where possible and preserve electronic records in a form that shows dates, senders and context. A short, indexed evidence file is usually more useful than a large unsorted download.
Original will and earlier wills where relevant
Grant, probate application and estate accounts
Bank, property, investment and valuation records
Medical, solicitor or attorney records where capacity, influence or financial abuse is disputed
How to prepare the issue
Put the key events in date order. Separate facts that can be proved from assumptions. Identify the document, agreement, notice or legal rule that creates the right or obligation, and record any deadline. Then decide whether the immediate step is to obtain evidence, answer a notice, negotiate, make an application or prepare for a hearing.
Before sending anything important, check that the factual statement is accurate, the remedy you are asking for is legally available, and the recipient is the correct person or organisation. Where money is involved, show the calculation. Where a deadline is involved, state it clearly in your own working note and do not rely on the other side to remind you.
Common mistakes to avoid
Assuming probate and inheritance tax are the same issue
Distributing before debts, tax and known claims are properly addressed
Treating jointly held assets as automatically belonging wholly to the survivor without checking beneficial ownership
Destroying, altering or annotating original testamentary documents
Related Probate and IHT questions
Official starting points
Check the current rules against these official sources. For a live dispute, apply the source material to the actual facts, documents and deadlines.
Important
General legal information only; not legal advice on a specific case. Law and procedure can change, and different rules apply in Scotland and Northern Ireland unless expressly stated. If a court, tribunal, tax, enforcement or appeal deadline is running, check it immediately.