Jurisdiction(s):
United Kingdom

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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...

Protecting personal representatives from unknown claims: Trustee Act 1925 s.27 notices, prudent searches, court directions and insurance options (England and Wales)

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Practice notes

Potential claims against Personal representatives

Personal representatives (PRs) can be exposed to liability in numerous ways, whether through actions taken or failures to act during the administration of an estate, or in respect of debts left by the deceased. See Practice Note: Personal representatives-liability. Such exposure may exist irrespective of whether PRs were named in the deceased’s Will or came to the role through the priority order on an Intestacy.

A frequent difficulty, irrespective of appointment under a Will or entitlement by priority on an intestacy, arises when a Beneficiary issues a claim after distribution because they were unknown to the PRs and the family at the time. A bequest to ‘my children’ may look unequivocal, yet the deceased might have had an additional child, entirely undisclosed and not discoverable by routine enquiries (for example, where no members of the deceased’s family knew of that child’s existence).

Where there is an intestacy, the exposure can be greater: a family tree must be compiled to identify those entitled, and the more distant the nearest relatives in the hierarchy, the more challenging it becomes to be confident that every potential beneficiary has been located and verified. Accordingly, PRs should stay mindful of...

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Web page updated on 28/05/2026

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