The Role of a professional independent administrator

Ordinarily, the executors named in a will are the people who will deal with the deceased’s estate; they will take all the necessary steps to administer the estate in accordance with the terms of the will so that each of the named beneficiaries receives their entitlement. However, if the executors named in the will cannot, or should not, act because they do not wish to, are unable to or they cannot agree between them how to administer the estate, one solution is to appoint a professional independent administrator to step in and take up the reins.

What is an independent administrator?

An independent administrator is a third party appointed by the Court or the Probate Registry to act in the administration of an estate, usually in place of the executors named in a will.

Typically, the independent administrator is a party that deals professionally with the administration of estates, such as a solicitor. Aside from the expertise they have by virtue of their qualifications, this is also because, unlike individuals, professionals are regulated by bodies such as the Solicitors Regulation Authority, and there are therefore additional safeguards in place to ensure that they comply with their obligations to act in the best interests of the estate and the beneficiaries, without conflict, and without bias. Beneficiaries should, therefore, be secure in the knowledge that a professional independent administrator will adhere to the testator’s wishes and act properly and professionally in their duties to administer the estate…or, at least, that there is an additional and clear route of recourse available to beneficiaries should a professional independent administrator fail in their duties!

Some firms, such as Birketts, have dedicated trust corporations that can be appointed to take on the role of independent administrator. Within Birketts, this is ‘Birketts Trust Corporation’ or ‘BTC’. If BTC is appointed as an independent administrator, they will instruct Birketts’ Private Client Advisory Team to administer the estate, with the work being carried out by the most appropriate fee earners in that team, taking into account the size, location and complexity of the estate, as well as any specific legal expertise that might be required. This ensures a cost-effective and efficient estate administration process.

How do you appoint an independent administrator?

An independent administrator is appointed by an order of the Court or the Probate Registry.  There are procedural steps that need to be followed to seek the Court or Probate Registry’s approval to the appointment of the independent administrator but these steps will differ depending on the facts of the matter and whether the appointment is being requested with the consent of all parties or if it is contested.

Conclusion

Appointing a professional independent administrator can be a sensible decision when executors face challenges or conflicts in administering an estate. A professional independent administrator can bring expertise and neutrality to the process, ensuring the estate is managed in the best interests of the estate and beneficiaries.

If you need help with appointing an independent administrator or think that this may be the right step in an estate which you are involved in, please contact Birketts’ Private Wealth Disputes Team.