What Is a Personal Representative?

Squiggle Support Team

Last Update 2 months ago


DEFINITION


When administering a deceased person's Estate, a personal representative is a crucial figure.


The term "personal representative" is universal in the field of estate administration. It applies to any situation where an individual has passed away, irrespective of whether or not a Will is in place.


  • If there is a Will: the person named in the Will to manage and distribute the deceased individual's Estate is called the "Executor." In this case, the Executor is the personal representative.


  • If there is NO Will (Intestate): the court usually appoints a close relative such as a spouse or a child, to manage the deceased individual's Estate. This nominated individual is called the "Administrator." In this case, the administrator is the personal representative.




ROLES AND RESPONSIBILITIES


  • The primary duty of the personal representative is to manage the deceased individual's Estate.
  • Estate management usually includes paying off any debts, distributing assets to Beneficiaries, and ensuring that all legal and tax obligations are complied with.




APPOINTMENT


  • The deceased individual may name a personal representative in their Will.
  • If there is no Will or an individual has yet to be nominated, the law refers to a hierarchy of relatives to determine who should be appointed as the personal representative.
  • In general, a close relative such as a spouse or child is appointed as the personal representative.




LEGAL PROCESS


In order to have the legal authority to manage and distribute the deceased individual's Estate effectively, the personal representative must do the following:


  • When a Will is in place: The personal representative may need to apply for a Grant of Probate.
  • When NO Will is in place: The personal representative must apply for a Letter of Administration.




GUIDANCE FROM THE LAW


In case of any uncertainty surrounding who should be the personal representative, the Administration of Estates Act 1925 provides a detailed set of guidelines.




A WORD OF CAUTION


  • The role of the personal representative carries substantial legal responsibilities.
  • We urge personal representatives to seek proper legal advice to ensure they're well informed about the potential complexities of professionally and lawfully administering the Estate.




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