Tony Cockayne
Partner
Tony Cockayne is really focused on achieving the best outcome for his clients and keeps the right level of involvement and oversight in his cases. He has an excellent sense of how a case will develop and where a deal may lie.
Legal 500 2025
The Michelmores lawyers not only grasped a thorough understanding of my dispute but they empathised with how I felt and spoke in a language that I found comforting and professional.
Chambers High Net Worth 2024
Personal representatives are responsible for the administration of a deceased person's estate and the management of the deceased's assets and financial affairs prior to distribution. The term 'personal representatives' encompasses executors as well as administrators.
Personal representatives must act in the best interests of the estate and its beneficiaries, even if there is a dispute. It is crucial that they remain neutral and act only to protect and preserve the deceased's estate.
Probate can be a long and complex process, and disputes can arise for a number of reasons, including:
It can be difficult for a personal representative to remain neutral in a dispute if they are also a beneficiary or a potential beneficiary of the estate. They must, therefore, carefully distinguish their roles.
If a personal representative is found to be in breach of duty, the court may require them to:
Disputes can be lengthy and expensive, and risk increasing hostility between family members at a sensitive time.
Our team works to resolve these matters as efficiently as possible. Where appropriate, we avoid formal proceedings by pursuing Alternative Dispute Resolution (ADR), including correspondence-led negotiation and mediation, which regularly lead to successful outcomes without court involvement.
Whether you are a beneficiary concerned about the conduct of a personal representative, or a personal representative facing a potential dispute, we are here to provide clear, practical advice. Early guidance can often prevent escalation and reduce cost and distress.
Please get in touch with a member of our team to discuss your situation in confidence.
