After A Death

Administering the Estate of a Deceased

What Happens?

After the death of a partner or loved one those left behind not only have the sadness and emotional turmoil to deal with, but the realities and practicalities of everyday life. The deceased's affairs have to be dealt with, sometimes a house sold and usually an estate administered and wound up.

If the deceased left a Will the burden and worry of who does what and gets what is removed. But if the deceased did not leave a Will, deciding who deals with the deceased's affairs and who inherits the estate may not be straightforward. You are advised to talk to a Solicitor before doing anything. Your Solicitor will advise your Personal Representatives what needs to be done!

What are Personal Representatives?

Personal Representatives (or PRs) are either:

• The people named by the deceased in a Will to act as his/her Executors and administer the estate; or
• If no Will was left, the next of kin of the deceased are usually appointed to administer the estate. They are known as Administrators.

The PRs often employ a Solicitor to advise and assist in the administration. A Solicitor may be appointed as a PR.

One PR is sufficient in many cases but it is common to have two. Although there is no limit on the number of PRs entitled to act, no more than four can take out a Grant of Representation.

PRs can be, and often are, the main beneficiaries of the deceased's Will or Intestacy.

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The articles on legal topics published in these pages are for interest only and are necessarily general in their terms. You should not act (or refrain from acting) on the basis of the information given without specific advice, as the principles and laws concerned may change, and their application will vary according to the particular circumstances.