Independent Administrator of Estate

In certain circumstances it may be suitable for an independent administrator to be appointed to deal with the administration of an estate of a deceased person.

When is an independent administrator appointed?

There are a number of scenarios where the appointment of an independent administrator of estate can really 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 if, for example, there is distrust between them.

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. 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.

For further information or advice on our independent estate administrator services, please call 020 7227 7440 or email patrick.malone@weightmans.com.