What is the role of an independent administrator and how to choose one

The Role of an Independent Administrator

An Independent Administrator is a professional neutral third party appointed by the Court or the Probate Registry to administer the estate of an individual who has passed away. This is usually in place of the existing personal representative(s) of the estate (the named executors named under a will or individuals entitled to a Grant under the rules of intestacy), where they are unable or unwilling to act or, or the Court has considered it appropriate to have them replaced.

The Independent Administrator is typically a professional party who specialises in probate matters and administering estates.  Once appointed, they will step into the role of personal representative and look to conclude the estate administration as efficiently as possible in the correct way.

The Independent Administrator is unconnected with the estate and beneficiaries. They have no financial interest in who receives what inheritance and no stake in any existing family disputes, , so they are very much a neutral third party in the administration of the estate.  The hope is that their involvement will satisfy all parties that the estate administration will be dealt with fairly and correctly, without any bias.

When is it appropriate to appoint an Independent Administrator?

It may be appropriate to seek the appointment of an Independent Administrator in the following scenarios:

• The executor appointed under the will (or person entitled to a Grant under intestacy) is unfit or it would be inappropriate for them to act, jeopardising the administration of the estate;
• The existing personal representatives are in dispute with one another, or have a conflict of interest with regards to the estate (for example one of them is living in the estate property, and refusing to allow it to be sold);
• The named executor has renounced probate, and there is no suitable individual who is able or willing to act;
• The named  executor or person entitled to a Grant under intestacy cannot be traced;
• The beneficiaries are not satisfied with the steps taken to administer the estate by the personal representative(s) or are unhappy about delay/a lack of progress.
• The estate administration is particularly complex or there are issues/disputes within the family, which mean it best to get a professional neutral third party involved.
• Where there is no will, the appointment of an Independent Administrator may be necessary, if several family members are equally entitled to take out a Grant, but cannot agree who should be appointed.

How to Choose an Independent Administrator

In some scenarios, the appointment of an Independent Administrator may be the only solution to progress the administration of an estate and to resolve any ongoing disputes among parties.  While the Independent Administrator will charge fees for their professional services, their knowledge and expertise may allow much more significant costs to be saved for the estate in the long run.

For the estate and the beneficiaries, there are several points of consideration when assessing how to choose the appropriate Independent Administrator.

• Neutrality – An Independent Administrator has no connection to the estate nor any of the beneficiaries. They are not aligned with any party/ family members and can resolve any contentious aspects of the administration without being swayed by family dynamics.

• Professional expertise – Ideally, the Independent Administrator will have specialist expertise enabling them to resolve the most complex disputes in a professional manner. Such expertise is necessary when dealing with issues which may complicate the administration of the estate, such as determining issues around lifetime transfers, capacity issues and the status of cross-border assets.

• Capacity and availability – It is important to choose an Independent Administrator who has the capacity to act within urgent deadlines. Delays can cause financial loss, increased tensions among beneficiaries and in worst case scenario contribute to asset dissipation. Equally, Independent Administrators who act promptly can effectively resolve any contentious issues which may arise between executors and beneficiaries, which in turn minimises any time delay in administering the estate.

• Reputation and trustworthiness – Independent Administrators who have a strong track record in probate and trust work will go a long way, to reassure all those involved in the administration process that the estate will be dealt with in a professional and swift manner.

The removal of the existing personal representatives and/or the appointment of an Independent Administrator can be complex, and it is recommended that parties seek legal advice at the earliest opportunity.  At Anthony Gold we specialise at both assisting parties with claims against Personal Representatives and acting in the role of Independent Administrator.  If you need assistance with these issues, please do not hesitate to contact one of our specialists who will be happy to help.

Upcoming seminar: Dealing with problematic Personal Representatives – pre and post removal

Don’t miss our upcoming seminar dealing with problematic personal representatives on 23 April from 18:30. Tom Dickinson and Elliot Booth will explore the Court’s current approach, recent case law, and the practical options available to beneficiaries and Personal Representatives when concerns arise in the administration of an estate. Register now to secure your place.