Personal Representatives and Trustees
| Author | Nasreen Pearce |
| Pages | 311-316 |
Chapter 11
Personal Representatives and Trustees
11.1 INTRODUCTION
The personal representatives of a deceased person are under a duty to collect and
get in the real and personal estate of the deceased and administer it according to
law. When required to so by the court, they must provide, on oath, a full inventory
of the estate and, if required by the court, render an account of the administration
of the estate to the court (Administration of Estates Act 1925, s 25).
The personal representatives are liable for any waste to the estate or the
conversion of the real or personal estate of the deceased. Where it is apparent that
a claim may be made under the I(PFD)A 1975, the personal representatives must
ensure that nothing is done by them to prejudice the claim. Where a personal
representative is also a beneficiary, they and their legal advisers must ensure that
there is no conflict of interest between their role as a personal representative of
the estate and as a beneficiary under the will and/or intestacy. If there is a
likelihood of a conflict it is better to err on the side of caution and step down. An
application should be made under Administration of Justice Act 1985, s 50 and
the appointment of a replacement should be made if this is considered necessary.
Similarly, if a sole personal representative is likely to be a claimant, consideration
should be given as to whether it is possible to continue fairly in the two capacities
without seemingly appearing to be prejudiced in the execution of the duties
imposed on a personal representative. Where there is more than one personal
representative, there should be no difficulty in the others continuing to act on
behalf of the estate as defendant(s) whilst the person who is likely to be the
claimant is pursuing their claim (see, also, para 11.3).
The I(PFD)A 1975 provides that any claim against the estate must be begun
within 6 months from the date when the grant of representation was taken out. If
the personal representatives have not, on the expiry of the time limit, received any
notice of a claim, they are free to distribute the estate. Again, however, to err on
the side of caution, if there is any inkling of a possible claim under the Act, it
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