Estate Administration

If there is a Will

A Will invariably names the people the person wants to deal with his property and possessions after he dies. They are called his ‘executors’ and his property and possessions are called his ‘estate’.

A person’s estate can include land, savings, insurance policies, furniture, paintings, clothes, cars and any other personal effects.

The executors’ main role is to carry out the wishes of the deceased person, as stated in his Will. It includes:

• finding out the total value of the deceased person’s estate;
• obtaining the official document from the Probate Registry of the High Court that proves they are the people entitled to deal with his estate - known as the Grant of Probate;
• paying his debts or expenses, using money from the estate; and
• distributing the remaining property and money in the estate to the beneficiaries in accordance with the Will.

There can be between one and four executors, though two is most common. They are usually trusted friends and/or relatives, although a professional person may have been named. An executor is often also a beneficiary under the Will. Executors may not act if they are under 18 or of unsound mind.

If someone dies without leaving a Will, the laws of intestacy apply. These set out a specific order in which people will inherit the estate – spouses and civil partners first, then children, parents, brothers and sisters, etc - from which the person’s nearest relatives are entitled to apply to deal with his estate. Once recognised by the court (see below), they are called his ‘administrators’.

Administrators have the same responsibilities as executors except that they must distribute any remaining money and property in the estate according to the laws of intestacy.

The generic term that covers both executors and administrators is ‘personal representatives’.

For more information on Estate Administration please contact one of the team by using the links in the right hand column and take a look at our Legal Briefings.