The figures just don’t add up!

Personal Representatives have an overriding duty when administering an estate and their duty falls within the scope of Section 25 of the Administration of the Estate Act 1925 (“The Act”).

A Personal Representative has a duty to collect in the real and personal estate of the deceased and administer it according to the law. If a Personal Representative fails to act in accordance with their duties then a beneficiary, co-executor or co-administrator can compel that individual to act in accordance with their duties as prescribed by law.

As a beneficiary what am I entitled to?

Beneficiaries have a right to the accounts of the estate and the Personal Representatives are obliged to provide this. Beneficiaries are entitled to review them and should they have any questions in regards to the accounts then they are entitled to ask the Personal Representative for further clarification.

What if the Personal Representative does not cooperate?

If the Personal Representative refuses to provide the accounts of the estate or provides accounts which are not fully completed then the beneficiaries are entitled to issue administration proceedings against the Personal Representative under Part 64 of the Civil Procedure Rules 1998 (“CPR”). 

Part 64.2 of the CPR states the following:

This Part provides that a beneficiary can make an application to Court compelling the Personal Representative to answer questions relating to the accounts and provide the clarity required.

It is however always useful to exhaust all avenues with the Personal Representative directly in relation to the accounts before issuing Court proceedings given the time and cost associated with such applications.

For further advice and assistance relating to Personal Representatives contact Maninder Mann, Solicitor in our Dispute Resolution team, on 01604 828282 / 01908 660966 or email maninder.mann@franklins-sols.co.uk.