Independent Administration
Conflicts between executors or beneficiaries can disrupt the probate process, draining time and resources.
When this happens our specialised independent administration service is able to step in as a neutral and skilled solution. An independent administrator acts impartially to ensure that the estate is administered fairly and in accordance with best practice in the best interests of all of the beneficiaries.
At Kingsley Napley we focus on expediting probate, minimising court involvement and preserving estate value. Whether facing executor disputes, contested Wills or complex intestacy scenarios, our impartial guidance aims to efficiently manage estates, reduce conflict and maintain the estate’s integrity.
Our contentious and non-contentious lawyers work closely together to combine the expertise of litigators with estate administration experts when required. Our contentious lawyers are experienced in dealing with multi-jurisdictional estate disputes including those involving fraud, asset tracing and recovery when estate assets have been misappropriated.
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Frequently Asked Questions
What is independent administration?
Independent administration is a service probate practitioners provide when there is a dispute between executors or beneficiaries which is preventing the administration of the estate. When executors or beneficiaries disagree, it can come at a cost of both time and money; the role of an independent administrator is to remain impartial to preserve the value of the estate.
Our aim is to:
- Create efficient handling of estates
- Reduce court involvement and bureaucracy
- Manage the probate process
- Preserve the value of the estate
- Recover estate assets when necessary
- Communicate with executors and beneficiaries
- Manage compliance matters
Why would you use independent administration?
There are many circumstances where it may be appropriate to appoint an independent administrator. Some examples are below:
- If there is a dispute between the executors
- If the beneficiaries are not happy with some or all of the executors
- If the executor has pre-deceased the testator
- If the executor is unwilling or unable to act
- If the beneficiaries are contesting the validity of the Will
In cases where no Will is left by the deceased, multiple potential beneficiaries may have a claim to apply for the grant of letters of administration. Consequently, establishing the appropriate beneficiary to initiate the application process could be challenging. In such instances, the appointment of an independent administrator may be prudent.
How do you appoint an independent administrator?
An independent administrator can be appointed by the Court following agreement between the parties, or where agreement cannot be reached as a result of a Court order. The earlier the decision to appoint an independent administrator is made and progressed the better to reduce losses to the estate.
An independent administrator can be anyone who qualified to administer estates and is not a beneficiary of the estate.
How we help personal representatives?
We regularly act for estates where probate is in dispute, and have advised in complex estates, including those involving the below issues.
- Estates involving charitable beneficiaries
- Estates involving high value family businesses
- Multi-jurisdictional estates involving complex structures
- Estates where assets have been misappropriated and action was required to recover them
- Agricultural or landed estates
How does the appointment of an independent administrator affect beneficiaries?
When executors or beneficiaries disagree, it can come at a cost of both time and money; the role of independent administrator is to remain impartial to preserve the value of the estate for the beneficiaries.
We understand that a bereavement is an emotional time for both beneficiaries and executors, and while tensions and feelings are running high we will ensure the effective running of the administration to reduce conflict and costs.
This means that the beneficiaries of the estate can be reassured that the estate assets are protected and an impartial and independent professional is dealing with the administration.