When a person dies, someone has to deal with the Deceased's affairs. This is called ‘administering the estate'.

The person or persons responsible for administering the deceased's Estate are called Personal Representatives.  When there is a Will the Personal Representative is the Executor named in the Will; in the absence of a Will (or if the Executor named in a Will is unwilling or unable to act) then the Personal Representative is known as the Administrator.  The duties of either an Executor or Administrator depend largely on the nature of the Deceased's Estate. 

Responsibilities of Personal Representatives

Personal Representatives are responsible for ensuring that the Estate is administered correctly and lawfully.  As a result, the Personal Representative is personally liable to the Beneficiaries of the Estate and any other persons claiming to be due money from the Estate.  If there is a Will, the Personal Representative must make sure that the wishes of the Deceased, as set out in their Will, are followed.  If there is no Will, you must follow the rules of Intestacy as set out in the Administration of Estates Act 1925. 

If you are concerned about your duties as a Personal Representative, we would be more than happy to explain these to you more fully.

Our costs

Our costs may vary depending on the size and complexity of dealing with a particular Estate.  We will set our cost rate by agreement with the Personal Representative at the outset of the matter. 

Contact us on 01803 313656 or email ben@darbylaw.co.uk

Contact the Probate team

Ben Darby

Ben Darby

Partner

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Jonathan Parker

Jonathan Parker

Solicitor

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Stephanie Sutherland

Stephanie Sutherland

Solicitor

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Kate Bunn

Kate Bunn

Graduate Member ILEX (Legal Executive)

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