Silence feels safe. You’re figuring things out. You don’t want to say something wrong. But in estate administration, silence rarely has a neutral effect on beneficiaries who are already anxious or unhappy. For them, silence reads as a signal — that something is being hidden, that the process is unfair, that they are being excluded.
How Beneficiaries Experience Silence
Put yourself in the position of a beneficiary who did not get what they expected. They are grieving. They feel financially impacted. They believe something may be wrong.
Now imagine they stop hearing from the executor. Days pass. Then weeks.
What conclusions do they draw?
- “They’re doing things without telling me.”
- “They must be hiding something.”
- “I need to find out what’s going on before it’s too late.”
- “Maybe I should call a lawyer.”
These conclusions may be entirely wrong. The executor may simply be busy, or waiting on an institution, or unsure what to say. But that context is invisible to a beneficiary receiving nothing.
What Proactive Communication Looks Like
Proactive communication does not mean constant updates or lengthy explanations. It means:
- An initial communication at the start of the process outlining the timeline and what beneficiaries can expect
- Brief, factual updates when significant steps are completed
- A clear response to questions, even if that response is “we are still waiting on X institution”
- A realistic estimate of the overall timeline
The Difference Between Silence and Confidentiality
Executors sometimes avoid communication because they are unsure what they are permitted to share. There is a significant difference between not disclosing confidential information, and failing to communicate at all.
You can maintain appropriate confidentiality while still communicating that the process is underway and that beneficiaries will receive their entitlements at the appropriate time.
Conclusion
Silence is not neutral. In an estate context, it is almost always interpreted as something and that something is rarely positive.
You don’t need to say much. You need to say enough, professionally, consistently, and on time.
At Fennelly Legal, we help executors develop communication strategies that are legally appropriate and practically effective. Contact Fennelly Legal today.
Please Contact us to book a free chat (03) 5243 1959.
Stuart Day
Fennelly Legal