Administration of Estates

Who looks after the deceased's legal matters?
Do you need a Grant of Probate? or Letters of Administration?
How quickly do you need to act.
When can you access the deceased's money and assets?
Have you been left out of a Will?
Will you be able to successfully challenge their Will?

Talk to us and we will discuss and advise you on these matters.
So call us, rather than wonder or worry.

Article

When a person dies someone is required to act as their personal legal representative.

That person will then administer the deceased's estate and will be known as

• the Executor (where there is a Will) or
• an Administrator (where there is no Will).

To prove their entitlement to act in that position they apply to the Supreme Court to obtain:

• a grant of probate (where there is a valid Will), or
• a grant of letters of administration (where there is no Will),
• a grant of letters of administration with the Will annexed (where there is a Will but no executor appointed or available to prove the Will and deal with the estate).

Duties of the personal representative

The duties of the personal representative, either an executor or administrator, are:

• to arrange for the funeral (normally subject to the deceased's or family wishes and any request in the Will);
• to prove the Will (if any), and if there is no Will, to locate the next of kin;
• to collect the assets of the estate and preserve them for the benefit of the estate and the
• beneficiaries-and arrange insurance if necessary;
• to ascertain liabilities and pay the debts of the estate, if any;
• to be responsible for income tax returns of the deceased to date of death, and of the
• estate to the date of distribution and to pay such assessments from the estate;
• to keep proper accounts and records of estate assets and liabilities and of their
• distribution and payment; and
• to distribute the net assets of the estate among the beneficiaries entitled and obtain
• receipts.

The duties of the personal representative involve the making of many practical decisions, such as:

• calculation of capital gains tax and distributions in specie or sale of assets;
• investing cash assets, or continuing existing investments, pending distribution to the
• beneficiaries;
• deciding on priority of payment of debts and distribution among beneflciaries
• especially where the estate administration continues over a period of time
• and/or in an interim fashion.