Independent Administrator of Estate

When is an independent administrator appointed?

There are a number of scenarios where the appointment of an independent administrator of estate can benefit all parties involved. Those scenarios are listed below:

When there is a Will

If the executor named in a will is unable or unwilling to act, or of there is a dispute between executors and beneficiaries that is causing a delay to the administration of the estate, it may be appropriate to consider the appointment of an independent administrator.

When there is no Will (Intestacy) 

When the deceased did not leave a Will, there may be several beneficiaries who might be entitled to apply for the grant of letters of administration. An independent administrator may be needed where agreement cannot be reached as to who will act.

When there is a dispute

Where there is a dispute between the appointed administrators, and they are no longer able to co-operate or where the beneficiaries are in dispute with the administrators then it may be appropriate to consider the appointment of an independent administrator.

What does an independent administrator do and how will this help with estate administration?

Where parties are in dispute, it is generally advised to consider appointing an independent administrator as early as possible so as to prevent delay and/or financial loss to the estate. An independent administrator can be appointed by way of a court order or by the mutual consent of all the parties.

Unless the Court orders otherwise, an independent administrator will have the same duties and powers as the executor of the Will would have had.

An independent administrator of estate will deal with the estate impartially and take all steps that are necessary to administer the estate for the benefit of the beneficiaries. This would include applying for the grant of representation, collecting in the assets of the estate, settling any liabilities and then distributing the estate in accordance with the Will or Intestacy Rules (where there is no Will).

The independence and even-handedness of an independent administrator is paramount to ensure that the estate is administered correctly according to the terms of any Will or Intestacy Rules. It removes the risk (or perception) of any wrongdoing by the executors or administrators. The appointment of an independent administrator can significantly reduce any tensions (caused by familial relations, the existence of disgruntled beneficiaries and/or a potential conflict of interest) by providing assurance that the estate is being administered in accordance with the law and with no cause for concern.

Our independent estate administration service

We are able to take on appointments as independent administrators by appointing Weightmans Trust Corporation. Appointing Weightmans Trust Corporation ensures there will always be a professional administrator instructed and provides continuity. Although a Trust Corporation is formally appointed you would have a Partner supervising the work involved and you would also have a Solicitor involved in the administration process.

Our highly ranked team includes STEP and ACTAPs qualified lawyers. We are well versed in administering estates with a contentious element and have acted as independent administrators, pursuant to a court order, on multiple occasions.

Where appointed, we can advise on all aspects of the estate administration process and ensure that the estate is dealt with efficiently, expediently and cost effectively.

Our Fees

We charge our fees based on the time spent at an agreed hourly rate. A questionnaire will be sent out to confirm the issues involved and a costs estimate can be provided once we have a clear idea of the issues involved. You will receive regular updates on the cost incurred in the administration process.

The current hourly rates are:

All work is supervised by a Partner but most of the compliance work is undertaken by a Solicitor to ensure cost efficiency. Input will be available by a Partner where complex decisions are made and when assets are arranged for distribution.

Charges

Our standard terms are to issue an invoice each month so that you are kept fully informed of the charges incurred. We understand that in some circumstances there may not be liquid funds in the Estate to pay on a monthly basis and we can act under a flexible deferred fee arrangement on a case-by-case basis. We can also consider legal funding options that may be available (subject to eligibility criteria).

For further information or advice on our independent estate administrator services, please call 01132134052 or email matthew.morton@weightmans.com