A deceased person’s estate is administered by an executor or administrator (they may be referred to as personal representatives).

Personal representatives have duties which include:

• Collecting in and distributing the estate assets in accordance with the deceased’s will or intestacy rules
• Providing a full inventory of the estate on oath when required by the court
• Rendering an account of the administration of the estate to the court when requested

Issues may arise where a personal representative is unwilling or unable to act, or cannot be located. In some situations, a beneficiary may believe that the personal representative is favouring certain beneficiaries, that there are unnecessary delays, or that a breakdown in relationships is obstructing progress. Often, issues stem from two or more personal representatives being unable to work together.

In such circumstances, it may be appropriate to consider appointing an independent administrator to manage the estate. This is typically a solicitor or trust corporation with experience in probate matters. An independent administrator may be agreed by all parties, but if agreement cannot be reached, a court application will be required.

There are several advantages of appointing an independent administrator, including their ability to act impartially and remain removed from the emotional dynamics of the dispute. Sintons Trust Corporation can consider being appointed in this role to help progress matters where administration has become protracted.

A beneficiary, or a fellow personal representative, may apply to the court to have a personal representative removed if they believe they are not fulfilling their duties. Such applications can be made either before or after a grant of probate is obtained.

Section 116 of the Senior Courts Act 1981 allows the court to appoint an alternative administrator before a grant is issued, overriding the person named in the will or the individual with priority on intestacy.

Section 50 of the Administration of Justice Act 1985 can be used to remove or replace a personal representative after a grant has been issued.

We act both for clients seeking the removal of an executor and for personal representatives facing applications for their removal.

If you would like to discuss this further please do not hesitate to contact us or request a callback.