Asked By: Luke Phillips Date: created: Mar 24 2024

Do all beneficiaries get a copy of the will UK

Answered By: Dennis Powell Date: created: Mar 24 2024

Immediately after death – After the death, but before probate is granted, the only the executors (or rather the people named executors in it) have a right to see the Will. At their discretion, they can show it to anyone else. They’ll need to send the original Will with the probate application.

How do you know if you are named in a will UK?

How to find out if someone has a Will Reassured

  • Before someone passes away
  • If someone has written a Will, then this document can be kept private until they pass away.
  • They may tell the named executor(s) or beneficiary(ies) where it’s kept and what the contents are, but they’re not obliged to.
  • There’s also no requirement for a Will to be registered online or stored in an official location until after probate has been issued.
  • Sometimes, this can make it difficult to find out if someone has a Will and who may benefit from their estate when they die.
  • After someone passes away
  • As mentioned, it’s important to find out if someone has a Will when they pass away, and to carry out all the necessary searches before deciding conclusively if there’s a Will or not.
  • If a Will exists, then the named executor will need the original copy so that they can apply for probate.
  • A grant of probate allows them to lawfully administer the deceased’s estate and distribute their assets according to their wishes.
  • Places to search for a Will:
  • At the deceased’s home They may have it filed away in a cupboard or kept in a drawer with other important paperwork. If you can’t find the Will itself, you may come across other documents or information that may be helpful, such as the details of a solicitor.Also, keep an eye out for a Certainty Will Registration Certificate, this means their Will can be found on the National Will Register
  • Solicitors A solicitor or accountant may have helped draw up the deceased’s Will and/or may have it stored safely on their behalf. If you’re unsure which one they used, you may need to call around all of those who are local to the deceased’s home. Only the executor can obtain the Will from a solicitor or accountant
  • Their bank Whilst it’s not recommended to store a Will at the bank, sometimes this is the case. You can contact the deceased’s bank to find out if they have the Will but they may not provide any information unless you’re the executor.If they have the Will, then they may not release it until probate has been granted (as the deceased’s assets are frozen until then). If they can provide a copy, then only the executor can obtain this
  • Solicitors, Will writers and other professionals use the National Will Register to store their client’s Wills. Individuals can also store their Will on the register for safekeeping.You can carry out a search for registered Wills and non-registered Wills on Certainty by providing details of the deceased, your details and the reason for your search. There’s a fee (from £45.60) to use the service but you should be able to claim this back from the estate.Keeping in mind, there’s no guarantee you’ll be able to establish the existence of a Will or see the contents of a Will unless you’re the executor (or if you’ve been given power of attorney by the testator)
  • Probate registry (England and Wales) The probate service has a Will storage facility. You could contact your to see if they are storing the deceased’s Will
  1. Who is entitled to see a Will after death?
  2. The executor is the only person who’s legally entitled to see the Will after death and before probate has been granted.
  3. They can a obtain copy of the Will from the solicitor or bank, and they can access the Will on the National Will Register.

When do beneficiaries of a Will get notified? The executor has a duty to identify the beneficiaries named in the Will and notify them of their entitlement. Generally, this happens not long after death and early on in the probate process. However, the executor has no legal obligation to disclose any of the Will until probate has been granted.

Asked By: Joseph Cook Date: created: Jun 30 2024

Can the executor of a will take everything UK

Answered By: Alfred Cooper Date: created: Jul 03 2024

Since every estate is different, the time it takes to settle the estate may also differ. Most times, an executor would take 8 to 12 months. But depending on the size and complexity of the estate, it may take up to 2 years or more to settle the estate. Why does settling an estate take time? An executor’s role may sound like a simple one but, in reality, there are several steps involved in settling the estate.

Payment of Inheritance Tax

The executor must first evaluate the deceased individual’s estate which may include shares, properties, assets, pension funds, bank accounts, and personal belongings. He must also check if any debts are yet to be cleared. If so, their payment is deducted from the estate value.

Obtaining the grant of probate

Once the inheritance tax is cleared, the executor must apply to the Probate Registry for the Grant of Probate – a legal document that gives the executor authority to administer the estate. It may take 3 to 6 months to obtain it. But for complex estates, it takes longer.

Gathering the assets

After obtaining the grant of probate, the executor must gather in all the assets. It can include selling shares, cashing in life insurance, closing bank accounts and in some cases, selling house or property. Sometimes, the deceased have assets about which the family is not aware of. This causes a delay in gathering the assets.

Settling outstanding debts

When the assets are gathered, the executor must settle all outstanding debts. He will want to give sufficient time so that all creditors can come forward because if they come after the assets are distributed, the executor becomes responsible to clear the debt. So, he will ensure that all the debts are cleared, which can take time.

Distributing to the beneficiaries

After clearing debts, the executor can begin distributing the assets to all the beneficiaries. To do so, they first need to be contacted. This could take time if some of them are hard to find. Once everyone is contacted, the executor can begin distribution.

If you, as a beneficiary, are wondering why the executor is taking so long, make sure you consider the above reasons. But if you still feel the executor is taking too long, speak with him and ask for an explanation. In case you are still not satisfied, you can take legal action to replace the executor.

Can the executor of a will take everything? The simple answer is no. The executor has the authority to hold the assets for a certain time for safe-keeping before distributing it. But he cannot withhold assets for any selfish benefit. In a few rare situations, the fee of an executor exceeds the value of the estate in which case he will have to take everything.

  1. In other situations, the executor can take everything only if he is the sole beneficiary.
  2. Can the executor of a will be a beneficiary? In short, the answer is yes.
  3. Only in a few cases, an attorney or accountant is appointed as executor and he may not be a beneficiary.
  4. Most commonly, however, a close relative or the spouse is appointed as executor because they are very familiar with the individual.

When a relative is appointed, he or she is usually mentioned as a beneficiary in the will. If you need an expert to review and execute your will, please contact Aristone Solicitors, our team of experts in estate planning and probate matters will ensure a smooth and quality service.

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Can an executor refuse to pay a beneficiary UK?

You might be looking to understand if an executor of an estate can withhold funds from beneficiaries in the UK. Or, if an executor can withhold money from a beneficiary. This is a complicated question that depends on a variety of factors. As experts in Wills, trusts and probate here at Robertsons Solicitors in Cardiff, we’ll explore how executors are expected to handle payments and distribution of assets when settling estates under UK law.

  • Also, the options available for when a situation arises – where money needs to be withheld from a beneficiary.
  • Executors could withhold money under some circumstances.
  • These include if assets must be kept in trust for an inheritance, if there is a dispute between creditors and beneficiaries, or if the executor cannot locate a beneficiary.

Before distributing funds, an executor also has the authority to hold assets for a certain period of time for safekeeping. However, they cannot withhold assets for their own benefit. If in rare situations the fees of an executor exceed the value of the estate, they will need to take everything.

How long does the executor have to pay the beneficiaries?

As a rule, gifts of a set amount of money in a will should be paid out within a year of death. If the executor isn’t able to pay the legacy within that time, the beneficiaries will be entitled to claim interest.

How long does an executor have to distribute an estate in the UK?

How long after probate can funds be distributed in the UK? – A Personal Representative, or executor, has 365 days in which to administer the estate of the deceased and to distribute their assets to the Beneficiaries. As complex estates can take longer than a year to wind up, this isn’t a strict deadline.

Asked By: Edward Sanchez Date: created: Apr 02 2023

Who gets paid first from an estate UK

Answered By: Joseph Thompson Date: created: Apr 04 2023

Debts before heirs – The most important thing to understand is that you must pay the estate’s debts before you distribute anything to the heirs. And debt doesn’t just mean credit card bills or mortgage payments from before the deceased died. Debt also includes any money the estate owes currently.

That includes funeral expenses (often reimbursed to a family member who covered the costs) and taxes and could include a family allowance. What’s a family allowance? Well, some state laws allow a spouse and dependents of a deceased person to petition the court for a portion of the estate to be distributed to them during probate.

These laws acknowledge that the deceased’s immediate family may have difficulty managing financially after losing the deceased’s income. In most states, the judge has discretion over whether to award a family allowance, and it’s important to note that any money provided to the family does reduce the overall value of the estate.

Funeral costs. The estate must pay the costs of the funeral service and burial or cremation. States may cap these costs, though, so consider a possible cap before planning an expensive service.

Administrative costs. The estate is responsible for the costs associated with administering the estate — like court fees, legal fees, and payments to the executor.

Family allowance. In states where family allowances are authorized, they are generally given high priority.

Taxes. The estate must file the deceased’s final tax return and pay any owed income tax. The estate is also responsible for paying any property taxes and estate taxes required.

Medical bills. The costs of the deceased’s medical care are categorized separately from any other unsecured debts (like credit card loans) and are generally given a higher priority for payment.

All other debts. The executor is responsible for notifying creditors of the deceased’s death, and they generally have between three and six months to make a claim. The executor is not responsible to personally pay any of the estate’s debts unless they were a co-signer or joint owner.

Note that one common type of debt is treated differently — mortgage debt (and other liens on real property). Because of the contractual nature of a mortgage, the mortgage company has the right to foreclose on the property and essentially bypass probate to recover assets.

What does that mean? Well, in practice a mortgage company becomes the #1 entity to get paid because they have the option to foreclose if the payments are not made. If the home is sold, the mortgage company is paid at closing, and the remaining proceeds go to the estate. The estate is responsible for paying its debts even if it has to liquidate assets to do so.

That might mean selling jewelry, stocks, a house (unless a homestead), or vehicles — these are considered non-exempt assets. In general, the only types of assets that can’t be liquidated to pay debts are retirement accounts and life insurance policies.

Asked By: Alexander Rogers Date: created: Jun 12 2023

How long does it take to get inheritance money UK

Answered By: Xavier Miller Date: created: Jun 15 2023

For a straightforward estate with no property and a single bank account it could take as little as 3 months for beneficiaries to receive their inheritance. The majority of estates in England & Wales, though, are more complex than this. Typically it will take around 6 to 12 months for beneficiaries to start receiving their inheritance, but this varies depending on the complexity of the estate.

Asked By: Nathaniel Smith Date: created: Jun 21 2023

Can you look up a will in the UK

Answered By: Alex Miller Date: created: Jun 21 2023

You need both the full name of the deceased and the year they died to search for a will or grant. This matches the way information is stored in the archives. If you do not know the exact year of death, enter the approximate year, and then use the ‘previous’ and ‘next’ links to search the years before and after that.

How do beneficiaries receive their money?

4 Ways to receive inheritance – There are several different ways to pass on an estate. Some options bypass probate, a court proceeding to divide assets. These include:

Trust fund, A trust is a legal document that details how a person’s accounts and property will be divided, but is effective as soon as it’s created and actively managed while the person is still alive. The assets, including cash and real estate, are held in a trust fund. Setting up a trust can help avoid probate, making it easier for beneficiaries to receive their inheritance. Will. A will is a legal document that spells out who receives personal property after the owner’s death. It’s different from a trust because a will is entered into probate court to distribute the assets. Payable on death (POD). Bank accounts, retirement accounts, and life insurance will automatically transfer an inheritance if beneficiaries are designated. Listing beneficiaries on these accounts can be the easiest and quickest way to transfer those assets outside probate court. However, it won’t work for personal belongings that a person may want to pass on to family, friends, or charitable organizations. A will or trust can accomplish that. Deed with a life estate. One way a person can receive an inheritance of real property is by deed. A special deed called a life estate deed allows a person to own the property during their lifetime. It then automatically transfers property ownership to another person when the original owner dies.

Asked By: Sean Bennett Date: created: Jun 04 2024

How do I find out if I have an inheritance UK

Answered By: Wyatt Harris Date: created: Jun 07 2024

The Unclaimed Estates website lists all the unclaimed ‘Bona Vacantia’ estates registered in England & Wales. This is a free to use resource with no search limits. If you need further help, advice or wish to enlist professional help, you are welcome to contact us.

Asked By: Jaden Bennett Date: created: May 21 2024

Can an executor stop a beneficiary

Answered By: Thomas Roberts Date: created: May 23 2024

Can an executor remove a beneficiary? – No, an executor cannot change the will themselves and so do not have the power to remove a beneficiary or refuse to pay them their inheritance, regardless of why they feel such a step might be appropriate. If an executor fails to pay a beneficiary, they are personally liable for the beneficiary’s loss.

Who is best to be an executor of a will?

In your will, you need to name an executor of your estate. Whom should you designate for this important role, and what is expected of them? So you’ve taken the important step of writing a will to help make sure that when the time comes, your estate is passed on according to your wishes.

I believe an important part of writing a will is appointing an executor. This is one of the most important decisions you will make, since the executor is the person entrusted with gathering your assets, keeping them safe and distributing them to the loved ones or charitable institutions named in your will.

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They will also be responsible for taking your estate through probate, if necessary (having your will verified in a court of law). When selecting an executor, what exactly are you asking of them, and what special skills (if any) must they possess? One of your executor’s duties will be to notify potential creditors, such as banks, of your death and to pay off any outstanding bills using the assets held as part of your probate estate.

  1. This process may take around six to nine months to complete.
  2. Since an executor has the right to resign the role, or refuse to serve, you should consider naming a back-up option, or co-executor.
  3. Given the magnitude of the responsibilities and the intimacy of the role, you may want to name a close friend or relative as executor, someone who fully understands and respects your wishes, as well as those of your beneficiaries, and who might handle your sentimental heirlooms and other property more sensitively than a paid professional.

For those who don’t have an obvious choice, there is the possibility of using a corporate fiduciary. The use of a corporate trustee can provide your estate with an unbiased third-party decision maker and a professional investment manager. Such an executor would require compensation, however (professional fees may be based on a percentage of the value of your estate), while a family member may elect to serve without compensation—particularly if he or she is also a beneficiary of the estate.

Every state has its own rules with respect to who may serve as executor; however, there are some basic requirements that are imposed by most states: The executor must be of legal age (18 or 21 in some states), be a U.S. resident, and not be legally incapacitated. Before choosing an executor, I suggest you ask yourself these key questions Do they have the time and inclination to deal with all the paperwork? This may involve paying various bills and dealing with insurance companies, hospitals, and various other charges of a last illness, not to mention tracking down financial accounts.

It may be wise to choose someone who has the time to handle this aspect of your estate. Do they have the ability to deal calmly and fairly with potential heirs and creditors? It is a good idea to select someone level-headed and capable of resolving potential conflicts that may arise after your death.

  1. Do they have any financial problems of their own? Your executor will be charged with handling the financial details of your estate.
  2. Choosing an executor with proven financial competence would be a smart move.
  3. Are they well-organized and capable of juggling several tasks? Since there is a lot of paperwork involved in settling an estate, it is important to choose someone with strong organizational abilities.

Do they have financial or legal experience? While this isn’t a necessary requirement, it would certainly be a big plus. If the individual you are naming as executor of your estate does not have this level of experience, they can always work with a qualified attorney or accountant to assist them in settling your affairs.

Have you had an in-depth conversation with the person entrusting you with the task? This may prevent problems or uncertainties that may arise after death. Will you be authorized to access the safe-deposit box where the will or other important papers are kept? Will you know where to locate asset information and the point of contact at the various financial institutions? What is the location of the safe containing valuables such as jewelry, birth certificate, passports, or keys to an automobile or home? Will you be given the passcode? The process of tracking down heirs and paying off debts can be long and drawn out. Do you have all the contact information you need (names, addresses, telephone numbers, etc.)? Moreover, read your friend’s or loved one’s will carefully in case there are any areas of ambiguity. If you genuinely don’t feel you can dedicate the time and attention to such a job, you may have to politely decline.

Whether you are executor or the person choosing an executor, the most important point I can make to you is don’t go it alone ; reach out to a tax professional or attorney for guidance every step of the way. Teachers Insurance and Annuity Association of America has sponsored Ask the Expert posts for informational purposes only.

Many of the experts are unaffiliated with Teachers Insurance and Annuity Association of America, College Retirement Equities Fund, and their affiliates and subsidiaries (collectively TIAA), and TIAA makes no representations regarding the accuracy or completeness of any information on the posts or otherwise made available by the experts.

Statements of external featured experts are solely their own and are not endorsed or recommended by TIAA. This site is not designed to accept or respond to requests or complaints regarding specific TIAA accounts, products or services. If you wish to discuss an issue of that nature, please contact TIAA at 800-842-2252,

TIAA is not responsible for any opinions provided by members of this site. TIAA is not responsible for the content or privacy policies of third-party sites to which you may link. The TIAA group of companies does not offer tax or legal advice, You should consult an independent tax or legal advisor for advice based on your own particular circumstances.

This material is for informational or educational purposes only and does not constitute investment advice under ERISA. This material does not take into account any specific objectives or circumstances of any particular investor, or suggest any specific course of action.

How long can an executor withhold money from a beneficiary UK?

What issues could delay beneficiaries being paid? – An executor would be expected to demonstrate a basic level of competence during the estate administration and act in the best interests of the beneficiaries. This includes not delaying things unnecessarily. However, there are certain issues that could arise during probate and cause a delay. Examples include:

  • A missing beneficiary – if a named beneficiary can’t be found or contacted, this can cause a delay. Reasonable investigations should be carried out by the executor to try and find them, usually by using a tracing agent.
  • Selling a property – if a property needs to be sold, a grant of probate needs to be obtained before contracts can be exchanged. It can take 3-6 months to obtain a grant of probate. Additionally, it can be difficult to anticipate the length of time it takes to sell a probate property, because conveyancing is a complicated process with its own risk of delays.
  • Dealing with foreign property or assets – if a foreign property needs to be dealt with, this can delay the process. The executor will probably have to instruct foreign estate agents and lawyers, make sure they comply with the legal requirements of that country and obtain the necessary permissions to sell the property.
  • Investigation by the DWP – another common cause of delay is if the Department for Work and Pensions (DWP) makes an investigation into any benefits the deceased received. This will usually add a further 6 to 9 months before the final sum due back to them is confirmed as a liability of the estate.
  • Statutory advertisements – an executor will usually place a notice of death in the London Gazette and in local papers. This notice gives creditors 2 months to make any claim they have against the estate. It also protects executors from personal liability if a creditor makes a claim later on. The executor will need to wait until the 2 month time limit is up, before distributing the estate.
  • Six month limit to bring a claim – in other cases, it can be sensible for the executors not to pay any beneficiaries until at least 6 months after receiving the grant of probate. This is because there’s a 6 month time limit for family members or dependents to make a claim against the estate.
Asked By: Reginald Collins Date: created: Jul 12 2023

Can you withdraw money from a deceased person’s account UK

Answered By: Dominic Torres Date: created: Jul 14 2023

Can your loved one withdraw money from your bank if you die without a valid Will? – It is illegal to continue to make payments, withdraw money, or use the bank account of an individual who has died without following the correct legal process. To withdraw money from the deceased’s account, the administrator will need to obtain letters of administration.

This will need to be shown to the bank along with a death certificate before you are able to gain access to the account. If you are waiting for the letters of administration, and you need to make a payment for the funeral, you can take a copy of the death certificate and a copy of the funeral bill to the bank and most banks will release the money directly to the funeral director.

Additionally, it’s important to note that if the deceased individual does not have a valid Will, rules of intestacy will apply when their financial assets are distributed.

Asked By: Roger Martin Date: created: Jan 16 2024

Can executor sell property without all beneficiaries approving UK

Answered By: Alejandro Johnson Date: created: Jan 18 2024

Can an Executor of a Will sell property without all beneficiaries approving? – In general, an Executor can sell property without the approval of all beneficiaries, but they have a legal duty to act in the best interests of all beneficiaries and to follow the instructions set out in the Will.

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If the Will includes specific instructions on how the property should be sold, the Executor must follow these instructions. For example, the Will may specify that the property must be sold through a specific method. If the Will does not include any instructions on how the property should be sold, the Executor must act reasonably and in the best interests of all beneficiaries.

This means that they should obtain a fair market value for the property and not sell it at a significant discount as selling the property at a discount could make the Executor liable for the difference. This is mainly due to likelihood the Executor has denied the beneficiaries funds and they could be asked to personally make up the difference in value.

How much does an estate have to be worth to go to probate UK?

When is probate not required? – Generally, probate isn’t required if the estate is valued at less than £5,000, as most financial institutions will release funds lower than this. Also, if assets were held jointly, probate is often not required as these assets automatically pass to the surviving spouse or civil partner.

Asked By: Keith Cox Date: created: Feb 27 2024

How do you receive money from a will UK

Answered By: Tyler White Date: created: Feb 29 2024

Accessing money, property and other assets – If the deceased person left a lot of money or property in his or her estate, the executor or the administrator may have to apply for a grant of representation to gain access to the money. An application for a grant is made to the Probate Registry.

Can an executor withdraw money?

What if I’m the Sole Beneficiary and Executor? – Even if the Executor is also a named beneficiary, they cannot withdraw cash directly from the estate account. The Executor has to wait just like other beneficiaries until the estate business is closed and funds are distributed upon court approval of a petition.

Asked By: Logan Bell Date: created: Jan 13 2024

Does an executor have to notify beneficiaries UK

Answered By: Howard Foster Date: created: Jan 15 2024

When should an executor notify beneficiaries? – Beneficiaries have a right to be notified that they are entitled to an inheritance from the estate. It is up to the executor to decide when is an appropriate time to inform the beneficiaries. Often executors will inform beneficiaries at the beginning of the administration of the estate.

Asked By: Chase Ward Date: created: Dec 06 2023

What rights do beneficiaries have in the UK

Answered By: Evan Murphy Date: created: Dec 09 2023

As a beneficiary of a Will, you will only have legal rights on your share of the estate but only once the estate has been administered. Although you are entitled to receive updates on the progress of the administration of the estate. A beneficiary is entitled to be told if they are named in a person’s will.

They are also entitled to be told what, if any, property/possessions have been left to them, and the full amount of inheritance they will receive. However, they are not entitled to receive this inheritance until probate has been conducted and any assets or finances have been encashed or transferred into their name.

The person who will be administering the estate is known as the executor. The executor, or executors, if there are more than one, should keep a careful account of the estate so that it can be provided to the beneficiaries should they ask to see it.

What to do if an executor is not communicating with beneficiaries UK?

What information should an Executor provide to a Beneficiary? – All Executors have an express duty to keep all Beneficiaries of an estate reasonably informed during the administration of the estate. Beneficiaries should be informed about estate assets and the administration progress, but, not every finite detail of the estate needs to be disclosed to a Beneficiary and so the question is raised What information should an Executor provide to a Beneficiary? Beneficiaries should be provided with general information about the estate and the assets involved and also a copy of the Will should they request one.

Beneficiaries should also be provided with a detailed report of the estate accounting ; income, distributions, expenses etc. The latter is incredibly important as often an accounting schedule can mitigate any claim made regarding Executor fraud. Executor fraud in simple terms is when the Executor misappropriates estate funds for the benefit of themselves or someone else who should not be receiving those funds in accordance with the Will of the deceased.

Any claim made regarding Executor fraud is very serious and can carry severe consequences such as the Executor being held personally liable for the misappropriated funds and compensation. If an Executor is not communicating with you as Beneficiary, then in most cases it is appropriate to seek your own legal advice in order that the Executor can be made aware of their duties by a legal professional.

  1. Should the Executor continue to not engage or provide the information required then it may be the case that removal of the Executor needs to be sought as a remedy at Court.
  2. These types of applications can be challenging and the Court will not remove an Executor without serious concerns as to their abilities.

Generally, the Court will only remove an Executor when either, the Executor has been imprisoned for committing a crime, the Executor is mentally or physically disabled to the extent that they would be unable to carry out their duties or when the Executor is not suitable to continue to be Executor as a result of poor conduct.

Can a beneficiary override an executor UK?

Published On: October 8, 2019 | Blog | 0 comments If you are a beneficiary, you are entitled to apply to the Court to seek the removal/replacement of an executor or administrator. However, whether you succeed in this application is another matter entirely.

  1. An executor is appointed by the will of an individual who has passed away (the deceased).
  2. An administrator is appointed where the deceased has failed to leave a valid will.
  3. Collectively, they are known as “Personal Representatives”.
  4. The primary role of a Personal Representative is to collect the assets of the deceased, pay off their liabilities and properly distribute the estate according to the terms of the will or rules of intestacy (if there is no valid will).

Personal Representatives also have strict duties to avoid conflicts of interests, produce proper estate accounts and to act in the best interests of the beneficiaries and the estate. This applies even in circumstances where the Personal Representative is also a beneficiary of the estate.

If you are a beneficiary and believe that a Personal Representative is failing to progress the administration or is acting against your interests, you may wish to consider a Court application to remove/replace them. In some cases, this is the only way to progress the administration. It can also sometimes be the only way to protect the assets in the estate.

If there has been misconduct, the replacement Personal Representative can also investigate the wrongdoing and (if appropriate) bring a claim against the individual removed to recover any financial loss caused to the estate. If a Grant has been taken out from the Probate Registry, a beneficiary will need to apply to the Court under s50 of the Administration of Justice Act 1985 to achieve this outcome.

The section gives the Court the power to remove or replace a Personal Representative where there is a Grant. However, the Court does not exercise this power lightly. It will not remove a Personal Representative simply because there has been a falling out and the beneficiaries do not want them to continue.

Beneficiaries have no automatic right to removal even if they are in unanimous agreement. The key consideration for the Court is whether the Personal Representative can properly administer the estate. If a beneficiary can show that there has been misconduct by the Personal Representative or that the existing hostility will make it impossible for the estate to be properly administered, they are likely to succeed.

  1. We would recommend that you seek legal advice before commencing any Court proceedings to remove or replace a Personal Representative.
  2. It is always desirable to try and resolve disputes at an early stage to save stress, time and legal costs.
  3. If you want advice on removing a Personal Representative, please do not hesitate to contact a member of our contentious probate team.

*Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*