The Personal Representatives Guide: Why Legal Advice Is Essential in Estate Administration

Written by Amandeep Kaur - 20.01.25

The role of a Personal Representative (PR) in administering an estate is crucial and can be a complex responsibility. Whether serving as an executor (appointed in a will) or an administrator (appointed when no valid will exists), the PR is entrusted with managing the deceased's estate according to legal requirements.

While the task may appear straightforward, it is fraught with legal, financial, and emotional challenges which can demand expert guidance.

Key Responsibilities of Personal Representatives

Securing Assets – One of the first tasks is to identify, locate, and secure the deceased’s assets, including residence, bank accounts, investments, and personal belongings. This step ensures that the estate is protected against theft, damage, or loss.
Valuing the Estate – The PR must arrange for the valuation of assets to determine the estate's total value. This is a crucial step in calculating any inheritance tax or debts owed.
Applying for Probate or Letters of Administration and reporting to HMRC – A PR must obtain the legal authority to administer the estate by applying for a Grant of Probate (if there’s a will) or Letters of Administration (if there’s no will). This process can be complicated, especially in contested or taxable estates. Upon obtaining Probate, the assets can be encashed, sold or transferred to beneficiaries.
Settling Debts and Taxes – Before distributing the estate to beneficiaries, the PR must ensure all outstanding debts, taxes, and liabilities are settled. This may include inheritance tax, income tax, or Capital Gain taxes. Failure to comply with tax regulations can result in personal liability for the PR.
Distributing the Estate – Once all debts and taxes are paid, the PR distributes the remaining assets to the beneficiaries according to the will or intestacy laws. This requires careful record-keeping of estate accounts and transparency to avoid disputes.
Handling Disputes – If disagreements arise among beneficiaries or claims are made against the estate, the PR may find themselves navigating contentious situations. Legal advice can be invaluable in resolving such issues efficiently whilst complying with continuing duties.

The Risks of Going It Alone

Without proper legal guidance, PRs can inadvertently make errors that result in delays, disputes, or even personal financial liability. Such missteps can be costly and stressful, both for the PR and the beneficiaries. Common pitfalls include:

Misinterpreting the terms of the will or the rules of intestacy.
Failing to account for all assets or liabilities.
Missing tax deadlines or underestimating tax obligations.
Mishandling disputes among beneficiaries and dealing with missing or unknown beneficiaries.

The Value of Legal Advice

Engaging an experienced probate solicitor can help PRs to:

Navigate the legal and procedural complexities of estate administration.
Ensure compliance with all tax and legal obligations.
Protect against personal liability for errors or omissions.
Resolve disputes effectively.

Acting as a PR is a significant responsibility that requires meticulous attention to detail and a clear understanding of legal obligations. Seeking legal advice is not just about mitigating risk; it is about respecting the deceased's wishes.

Our Legacy Department specialises in supporting Personal Representatives (PRs) through every stage of estate administration. We provide tailored advice for unique estate situations, such as foreign property or contested wills. Our experienced team is here to offer practical guidance and peace of mind, allowing you to fulfil your duties confidently.

About the Author:

Amandeep Kaur is a Senior Associate in our Legacy team, based in our City office. She graduated in Law from City University in London and achieved her LLM Masters of Law from the School of Law. Qualifying as a Solicitor in 2018, Amandeep focuses her expertise on Estate Administration matters. Her thoughtful and caring approach to probate is highly valued by clients during these often challenging times.