Independent Administration

Independent Administration is a specialist service for estates where those involved in administering an estate feel that they can go no further with the process and require an independent administrator to be appointed to resolve the issue.

We have one of the largest Independent Administration teams in Kent, advising clients across London and the South East. Our lawyers have many years of experience dealing with complex estate administration.

Our Trust Corporation is regularly appointed by the Court as a completely neutral party, whose role is to act for the greater good of the estate, and ensure it can be administered, despite any ongoing issues between the original executors or beneficiaries. The appointment of an Independent Administrator ensures that the estate will be dealt with professionally, independently and efficiently and that any assets will be preserved.

As a full service law firm, our Independent Administrator team often works closely with colleagues in our Corporate and Commercial, Real Estate, Employment, Residential Property & Conveyancing, Tax & Estate Planning, Trust Management and Agricultural and Rural Property teams. Having such a wealth of expertise to call upon, we are able to deal with every aspect of even the most complex estates, to the highest standards.

We will always take a practical and common sense approach, to help resolve cases as quickly and cost effectively as possible, offering peace of mind to all involved in the estate.

What is Independent Administration?

It is becoming increasingly common for those involved in dealing with an estate to find themselves in a position where they cannot move forward with the estate administration. This can be for a wide variety of reasons. In such cases, an application can be made to the Court to appoint an Independent Administrator to help resolve any difficulties and overcome any deadlock.

How does Independent Administration work?

When a point has been reached where those involved in the estate – either as executors or beneficiaries – feel that matters cannot progress, they can apply to the Court to appoint an Independent Administrator.

This is best used for estates where the parties concerned cannot agree or are contesting the will, or where the executors have not acted at all or have acted improperly. By appointing an Independent Administrator, those involved in the estate can focus on resolving their issues, without placing the estate at risk in the meantime.

When is Independent Administration required?

There is a wide range of circumstances where an Independent Administrator may be appointed. These include both contentious and non-contentious situations.

For example:

Where there is a will and:

• The executor is considered unfit or inappropriate to act
• The executors are in dispute with each other
• The executor has renounced probate and no one else can be found to act
• The executor cannot be found
• The beneficiaries of the will are unhappy with the executor.

Where there is no will and:

• There are a number of beneficiaries who cannot agree.

What is the difference between an Independent Administrator and an executor?

An Independent Administrator is a person appointed by the Court to replace the executors appointed in the will, or those entitled under the rules of intestacy to administer an estate.

They will be completely unconnected to the estate and the parties involved, and will have no interest in the assets to be dealt with, so will be completely impartial.

What is the difference between contentious probate and Independent Administration?

The two often go hand in hand, however they are not the same. Independent Administration is a way for estate administration to move forward while any contentious probate disputes are resolved. For example where estate assets are at risk, bills connected to the estate need to be paid or rent owing to the estate still needs to be collected. An Independent Administrator can be appointed to handle these issues while the parties involved attempt to resolve their dispute.

An Independent Administrator can also be appointed in non-contentious situations, such as when the executors cannot be identified or cannot act for any reason.

Who can ask to appoint an Independent Administrator?

Anyone with an interest in the estate, such as a beneficiary or executor may apply for an Independent Administrator to be appointed, but the court will only agree to their appointment if there is good reason.

Is appointing an Independent Administrator expensive?

It is generally much more cost effective in the long run to appoint an Independent Administrator than to continue attempting to administer an estate which has stalled, especially when there are disputes between the executors and/or beneficiaries.

Who can be an Independent Administrator?

An Independent Administrator will usually be an experienced and specialist probate lawyer with the ability to handle even the most complex of estates. At Thomson Snell & Passmore, our Trust Corporation will be appointed to act, with one of our experienced probate lawyers dealing with the estate administration work.

Let our highly experienced Probate and Will, Trust & Estate Disputes teams help minimise the stress for you at a difficult time. We offer a wide range of options, depending on how much support you need.

As one of the largest teams of probate and contentious probate lawyers in Kent and the South East, we have a vast depth and breadth of experience and combine sensitivity with a practical approach to dealing with even the most complicated of issues. Our award winning team specialises in administering complex, high and ultra-high net worth estates, as well as estates with agricultural and business assets.

If problems arise, our highly regarded Will, Trust & Estate Disputes lawyers help resolve issues as quickly and cost effectively as possible. We can also draw on expertise from our Wills, Estate & Tax Planning, Tax Management and Residential Property & Conveyancing teams as needed.

Our probate experts also have a great deal of experience in working on international estates and the complexities involved here and have a trusted network of overseas lawyers we work with regularly.

We also have specific expertise in dealing with unusual assets and holding structures. In addition, our team can assist with heritage assets and reliefs, conditional exemption and offers in lieu of tax.

We understand what it means to lose someone and that each estate is unique. This is why we offer a bespoke service, delivering support tailored to your individual needs at this difficult time.

• Full estate administration: We will deal with each aspect of the probate process, so you are not burdened with the responsibility
• Executor support service: You choose which parts of the process you want to carry out yourself and which parts you would like to hand over to our probate experts
• Grant-only service: We apply for the Grant of Representation on your behalf, enabling you to do the rest of the work yourself
• Independent Administration: A service for estates where those involved in administering an estate feel that they can go no further with the process and require an Independent Administrator to be appointed to resolve the issue.

Our probate questionnaire can help identify the type of help you may need.