Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Administration definition

What does Administration mean? Administration is a corporate insolvency procedure used to protect and stabilise a financially distressed company while an independent insolvency practitioner (the administrator) takes control to pursue rescue or a better return to creditors than liquidation. It is a statutory process in England and Wales and Scotland under the Insolvency Act 1986, Schedule B1, and in Northern Ireland under the Insolvency (Northern Ireland) Order 1989, Schedule B1. Key features include an immediate moratorium on most creditor enforcement, displacement of the directors’ management powers, and appointment either by court order or out of court by the company, its directors or...

Estate administration Q&As: misuse of LPAs—claims, personal representatives’ duties and beneficiary options (England and Wales)

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Practice notes

administration actions-misuse of lasting powers of attorney-Q&As

During the course of administering an estate, it may become apparent that, while the deceased was alive, their attorney misapplied or diverted their funds.

This Practice Note brings together Q&As that address issues linked to suspected misuse of a lasting power of attorney (LPA) uncovered during estate administration. The same methods and principles will generally apply to Enduring Powers of Attorney.

For further guidance on contesting lifetime transactions after death, see Practice Note: Challenging lifetime dispositions. For direction on the misuse of LPAs during the donor’s lifetime, see Practice Note: Misuse of EPAs and LPAs and its prevention.

Note that although new Q&As are added to this Practice Note as they arise, individual Q&As are not currently maintained and each states the law as at the date given.

Who should bring a claim against an attorney when the donor has died?

The personal representatives (PRs) must collect in and realise the deceased’s estate and administer it lawfully and with due diligence, in accordance with section 25 of the Administration of Estates Act 1925. Pursuant to section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934,...

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Web page updated on 28/05/2026

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