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Chapter INTM340020

Cited in Related
Vincent
Published date09 April 2016
Record NumberINTM340020

What Personal Representatives are
What a Beneficiary is
What the Period of Administration is
What the Residue is
What the Grant of Probate/Letters of Administration are

What Personal Representatives are

Somebody has to take responsibility for settling the affairs of a deceased person. That person is the deceased’s personal representative.

In the law of England, Wales and Northern Ireland there are two types of personal representative.

  • Executor - an executor is appointed under the terms of a will
  • Administrator - an administrator is appointed by the court where the deceased person died intestate (did not leave a will) or where the executors appointed by the will did not take office.

In Scottish law all personal representatives are called executors.

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What a Beneficiary is

A beneficiary is a person who receives a deceased person’s property, either under the will of the deceased or under laws of succession.

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What the Period of Administration is

The period during which the personal representatives are settling the estate is called the ‘period of administration’ or ‘administration period’. It starts on the death of the deceased person and ends when the residue of the estate has been ascertained.

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What the Residue is

The ‘residue’ is the amount available for distribution to the beneficiary(ies) after the personal representatives have dealt with all debts, liabilities and specific legacies.

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What the Grant of Probate/Letters of Administration are

A ‘Grant of Probate’ is the document giving legal authority to...

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