Independent Administrator

Independent Estate Administration

When an estate faces delays or disputes due to the absence of a willing executor or unresolved conflicts, appointing an Independent Administrator can be a crucial step in ensuring smooth and effective administration.

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Introduction

In the absence of a willing and able executor, or where conflicts have arisen, an Independent Administrator can be appointed to take on the administration of the estate.

If there is no executor (or administrator if there is no will), the estate cannot be dealt with until someone has legal powers to do so. And where there is conflict, disputes between executors and beneficiaries can cause deadlock – halting the administration of the estate.

The appointment of an impartial Independent Administrator, which is usually a professional firm, enables the administration to proceed smoothly and cost-effectively.

The specialist probate team at Osbornes Law act as skilled Independent Administrators and are able to act with impartiality and neutrality. We are frequently appointed by agreement of the parties and, in other cases, by the court.

Contact us here for advice on how we can help.

What is an Independent Administrator?

An Independent Administrator is someone, typically an experienced probate solicitor, who is granted power to deal with a deceased estate. With that power, they have the legal and administrative rights and responsibilities to handle the administration – right through to distribution of the net assets to the estate beneficiaries.

Their responsibilities range from calculating the value of estate assets and liabilities, paying inheritance tax, obtaining the grant and collecting in the assets. Essentially, the Independent Administrator’s role is much the same as that of an executor, subject to any restrictions imposed by the court. They will manage any conflicts and tensions that arise during the administration period.

Executors are those named as such in the deceased’s will and they have the legal power to deal with the estate immediately on the death. Substitute executors are often named in the will, in case a named executor cannot act for any reason. However, on death the position regarding named executors could be tricky. For instance:

  • No named executor has survived the deceased
  • None of the named executors are able or willing to act
  • The beneficiaries cannot agree who should be appointed as substitute executor/s
  • A dispute between named executors has arisen and cannot be resolved

In these cases, the sensible option (and sometimes, the only option) is for an Independent Administrator to be appointed – either by the court or with the agreement of the estate beneficiaries.

An Independent Administration will also be necessary if the individual died without a valid will, and there are no living relatives entitled to be appointed estate administrator.

Reasons to Appoint an Independent Administrator

The appointment of an Independent Administrator might be the only way forward to progress the administration of an estate and break through any impasse between the parties. In many cases, an Independent Administrator can bring significant benefits to the estate and the beneficiaries.

  • Neutrality – An Independent Administrator is totally neutral and independent of all parties concerned. They are undistracted by family and relationship matters relating to the estate and are equipped to approach areas of dispute dispassionately and efficiently.
  • Expertise – Their professional experience means they have the ability to handle the most complex estates in a professional and efficient manner. Complications can arise in relation to, eg disputed lifetime transfers, disputes around occupation and beneficial entitlement to land and property, capacity issues and cross-border assets. A specialist administrator will handle these issues with confidence.
  • Dispute resolution – They are able to help the executors and beneficiaries resolve any tensions and conflicts; and minimise any delays to concluding distribution of the estate.
  • Tax obligations – Specialist Independent Administrators are familiar with the wide-ranging tax issues that arise during the administration of the estate. The probate team at Osbornes Law are highly experienced in handling inheritance tax and other tax implications, including in complex estates, and advising trustees on their ongoing tax obligations.
  • Legal compliance – Executors and administrators must comply with a range of legal requirements, not least because they act as trustees of the estate assets pending distribution of the estate. They risk personal liability if they breach their obligations and the estate suffers loss. Independent Administrators are subject to the same duties. The appointment of specialists takes away that burden from other individuals who are unable or unwilling to take it on, or are caught up in unresolved disputes with other parties.

In our extensive experience, the option of an Independent Administrator offers welcome relief and reassurance to individuals who may be confused and frustrated about the best way forward.

Services Provided by Independent Administrators

Once appointed, the Independent Administrator has the legal powers to administer the estate. As specialist Independent Administrators, the solicitors at Osbornes Law have responsibility for obtaining the grant of representation and will handle the following:

  • Asset identification and valuation – With the assistance of family and close friends, we will need to identify all the assets and liabilities of the deceased, and value each as at the date of death. We will then calculate the value of the estate and calculate any inheritance tax (IHT) payable
  • Paying outstanding debts and taxes – We will need to pay the IHT due (if any), and pay off any creditors of the deceased when they died. There will also be further liabilities, such as funeral and other expenses to be paid out of the estate.
  • Tax returns – We will need to complete tax returns in respect of IHT and other tax liabilities. If further assets are identified later, we will need to account to HMRC with further tax returns.
  • Calling in the assets – The assets will be collected in and funds paid into the executor’s account; and any specific property or assets dealt with according to the will’s terms.
  • Distribution of assets to beneficiaries – The Independent Administrators will be required to identify and contact the beneficiaries. This includes taking steps to protect the estate and beneficiaries from potential claims arising after distribution of the estate. The estate can then be distributed among the beneficiaries under the will (or intestacy rules).
  • Managing disputes and legal challenges – Probate disputes are not uncommon, but it’s reassuring to know that most disagreements can be resolved promptly with sensitive and professional guidance. One of the key roles of an Independent Administrator is to support the parties resolve disputes efficiently to avoid delays in the administration, while ensuring their interests are properly protected.

As experts, we work hard to ensure disagreements do not escalate to the courtroom. Our neutrality provides significant reassurance for all parties involved because they know we are unconnected in any personal way.

Our impartiality also means we’re better able to make difficult but necessary decisions concerning the estate.

Legal Framework for Independent Administrators

An Independent Administrator can be appointed under s116 Senior Courts Act 1981 if no grant has yet been issued by the probate court. This provision allows the court to remove an executor, even if they are entitled to apply for the Grant of Probate, where there are ‘special circumstances’ making it ‘expedient or necessary’ to appoint an Independent Administrator.

There may, for instance, be a complete breakdown in relationship between executors, or an executor and the beneficiaries (who could well all be family members); or the executors may be unsuitable or otherwise untrustworthy. There may be a deadlock over an issue in dispute; and sometimes there are cross-border issues that make it impossible for someone to act as executor.

It is for the judge to use their discretion whether to exercise their power, bearing in mind the deceased may have specified their preferred executor/s in the will. The judge will generally consider the nature of any breakdown in relationship between the parties, potential conflicts and what is in the best interests of the beneficiaries – and the efficient administration of the estate itself.

What if a grant has been issued?

It is possible for an Independent Administrator to be appointed even if an executor has already obtained the Grant of Probate.

Where a grant has already been issued, it may become necessary to ask the court to revoke the grant, remove the executor/s and have an Independent Administrator appointed instead. This may be appropriate where an executor has breached their legal duties, failed to act, acted fraudulently or there are concerns around their financial management, or there is an irretrievable breakdown in relationship between executors/beneficiaries.

An application removing an executor can be made under s50 Administration of Justice Act 1985, and an application made to appoint an Independent Administrator. The court will take into account much the same factors as for a s116 application.

We understand how distressing it is when an estate is held up because of conflict. However, we would not advise taking such steps lightly because of the costs and time potentially involved.

If it does become necessary, we would work hard to obtain the executor/s’ consent to the appointment of an Independent Administrator to minimise any legal costs and delays to the estate.

Who Can Appoint an Independent Administrator?

An Independent Administrator can be appointed by the court on an application, or following the mutual consent of the beneficiaries to the appointment (the court will still need to approve the appointment).

Where executors are already in place but, for example are unable to perform their duties because of a dispute, they and the beneficiaries can agree to the appointment of an Independent Administrator to break through the deadlock.

Most often, the court will be asked to appoint an Independent Administrator in a contested estate, particularly where an intractable dispute involving executors has arisen and the administration has ground to a halt.

Benefits of Choosing an Independent Administrator

The appointment of a specialist Independent Administrator frees the estate and any related dispute from the confines of relationship issues and family disputes. We understand that the grieving process following a loved one’s death can be drawn out and may heighten estate and property disputes.

The key benefit to having an Independent Administrator on board is their neutrality and impartiality. It means that the legal and administrative tasks and responsibilities of the estate can be performed efficiently and smoothly, unhindered by personal tensions between the interested parties.

Importantly, an Independent Administrator is free from the risk of a conflict of interests; in fact, they often prove instrumental in supporting warring parties in diffusing the issues in disputes. As expert Independent Administrators, we have often been involved in contested probates where the parties were unable to resolve their dispute until we were appointed and able to help them break through the deadlock.

Our role as Independent Administrators significantly reduces the stress for grieving families and the estate beneficiaries. They have confidence that we have the expertise to deal with the estate efficiently and cost-effectively.

Costs and Fees

Involving an Independent Administrator in the administration process does not necessarily increase the costs to the estate. The underlying purpose for having an Independent Administrator is to continue the administration – and often, to get it going after it’s stalled – and to do it cost-effectively and in a time-efficient manner.

It’s understandable to assume that the professional costs could mount, but a specialist Independent Administrator is, in reality, able to minimise the costs by cutting through any difficulties quickly and concluding the administration promptly.

Our fees are clear and transparent. We will discuss the estate with you and explain the basis of charging and what you can expect as the administration proceeds.

We keep our clients informed as to the progress of the administration and explain, at an appropriate stage, should any additional time and costs be required. However, we work hard to keep the costs to the estate to a minimum – protecting the interests of the beneficiaries.

How to Appoint an Independent Administrator

If you are an executor or other interested party, such as an estate beneficiary, and you think an Independent Administrator should be appointed to handle the administration – please get in touch for a confidential chat.

You may already have individuals in mind who may be suitable to act; but while any experienced estate practitioner could be appointed – it is wise to consider selecting professional and experienced probate specialists.

Osbornes Law act regularly as Independent Administrators and we will be pleased to advise on what steps we can take on your behalf. We also act on behalf of Independent Administrators.

We will ask for a summary of the estate assets and liabilities; whether there are any named executors; if a grant has already been obtained; and what complicating factors may be involved.

We will also need to know whether discussions have been had with any other executors and beneficiaries. If, for instance, there is no mutual agreement then the interests of the estate as a whole may mean we need to make a formal application to the court for the appointment of an Independent Administrator.

However, it is always advisable to move forward with the agreement of all parties, in order to save time and costs – and ensure the administration of the estate can be expedited without undue delay.

Why Choose Osbornes Law?

The most important decision you can make for the estate is to choose the best lawyers to support you, the beneficiaries and to protect the estate as a whole. The probate team at Osbornes Law acst as Independent Administrators for estates, including in contested probates, complex high value estates and cross-border estates.

We have formidable experience in all types of wills and probate disputes; handling the most complex issues that arise during the administration of estates. We are committed to providing a clear, impartial and professional service, always prioritising the interests of the estate and its beneficiaries.

Our senior partner Jan Atkinson is a specialist in acting as Independent Administrator, supported by an experienced team of lawyers. Jan is highly ranked in legal directories such as Chambers High Net Worth directory.

You can read about some of our case studies here where the firm has acted as Independent Administrator in HNW matters.

Contact Information

We can help you take the most prudent and practical steps to continue the estate administration and break through any ongoing deadlock.

Contact Jan Atkinson as soon as you can for expert advice and support on 020 7485 8811 or complete our enquiry form below

We support clients in London and the surrounding regions; from offices in Hampstead and Camden in London

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