Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Personal representatives definition

What does Personal representatives mean? In probate and estate administration, personal representatives are the individuals who step into the shoes of the deceased to collect, manage and distribute the estate. In England and Wales and Northern Ireland, the term covers executors (appointed by will) and administrators (appointed on intestacy or where no executor can act) once a grant of probate or letters of administration is issued. It is defined in legislation (for example, the Administration of Estates Act 1925). In Ireland, the Succession Act 1965 defines personal representatives likewise, with grants issued by the Probate Office. In Scotland, the officeholder is an executor (executor-nominate or...

Beneficiaries’ Rights and Remedies Against Personal Representatives: Estate Accounts, Administration Actions, Removal, Tracing and 1975 Act Claims (England and Wales)

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Practice notes

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The basic position

Beneficiaries of a deceased individual’s estate understandably want confidence that the Personal representatives (PRs) are administering matters effectively, and will often hope to receive what is due to them under the Will or Intestacy without delay.

Executor’s year

Section 44 of the Administration of Estates Act 1925 (AEA 1925) affords executors and administrators a full year from the date of death before beneficiaries can demand any distribution. There are occasions when PRs will be unable to distribute for considerably longer than this executor’s year and can legitimately justify postponement.

Rights of beneficiaries during the administration

While the estate is being administered, title to the deceased’s unadministered assets rests with the PRs for the purposes of administration, without any division between legal and equitable interests. In the meantime, no Beneficiary-whether taking under a Will or by intestacy-holds a proprietary interest in any particular asset forming part of the unadministered estate. The beneficiary’s entitlement at this stage is a chose in action, namely the right to require the proper administration of the estate...

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Web page updated on 27/05/2026

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