Personal representatives have a number of duties when administering a deceased person’s estate, as set out in Section 25 of the Administration of Estates Act 1925. They are responsible for dealing with the estate’s assets, collecting debts owed to the estate, maintaining full records, and distributing the estate in accordance with the will (if one exists) or the intestacy rules.

A grant of probate is often required to carry out these duties, as it provides legal authority to deal with the estate. However, some smaller estates can be administered without obtaining probate.

When applying for a grant of probate, the personal representatives must sign a formal “legal statement” confirming that they will retain full details (an inventory) of the estate and maintain a complete account of how it has been distributed.

Where estates that are more complex, or where there are strained family relationships, tensions may arise between the personal representatives and the beneficiaries. This often stems from a lack of communication or transparency about the estate. The simplest way to address this is usually for a beneficiary to request a full breakdown of the estate assets, and for the personal representative to provide this information.

If estate accounts are not provided, or are incomplete, a beneficiary may apply to the Probate Registry for an “inventory and account,” which compels the personal representatives to produce the necessary details. In many cases, receiving the court summons is enough to prompt compliance.

Alternatively, an application can be made under Part 64 of the Civil Procedure Rules requiring the personal representative to provide, and if needed verify, the estate accounts.

As specialists in estate administration dispute, we can advise on the most appropriate course of action. We assist both personal representatives and beneficiaries.

Please contact us if you would like to discuss your situation in more detail.