Independent Administrator
What is an independent administrator?
An independent administrator is appointed by the Court where the executors named in a will are not able to act. For example, if there has been a dispute between the executors and beneficiaries or if the named executors cannot act or are unwilling to act.
Where the deceased did not leave will, an independent administrator can be appointed where there is disagreement about who should act as the administrator, or where there is no one willing to take on this role.
An independent administrator is usually a professionally qualified individual, such as a solicitor, with experience of estate administration. Like all personal representatives, they should act in the best interests of all beneficiaries and be impartial.
When would the court appoint an independent administrator?
A court may appoint an independent administrator in situations where an estate is in dispute. Such situations can include:
- Where there is a dispute between executors
- Where there is a dispute between beneficiaries and the executors
- Where an executor is no longer able to act
- Where an executor has passed away and therefore there is no one able or willing to act.
- Where an executor is deemed unsuitable for the role.
- Where there is no will and there is disagreement on who should be the administrator.
What are the benefits of an independent administrator?
An independent administrator will be impartial. It may be helpful to have this level of independence if there are complicated family relationships at play or a dispute between the current personal representatives and / or beneficiaries.
In large or complicated estates, an independent administrator will bring the necessary expertise to ensure that the estate is managed effectively.
If you feel that an independent administrator would be beneficial in your situation, please do get in touch and we can advise and if appropriate assist in putting this support in place.
We are able to take on appointments as independent administrators and have a wealth of acting as such in contested estates.
Key contacts
Sarah Foster
Oxford Office Managing Partner & Joint Head of Private Client Services
Mark Keeley
Partner & Joint Head of Private Client Services
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"Freeths is an extremely strong presence in the market: it is large enough to have all the expertise and resources which a dispute of this nature m...
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"Freeths is an extremely strong presence in the market: it is large enough to have all the expertise and resources which a dispute of this nature m...
The Legal 500, 2025
"The team at Freeths are my go-to for this practice area. Always extremely knowledgeable and pragmatic in their approach and their client communica...
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Meet the team
Sarah Foster
Oxford Office Managing Partner & Joint Head of Private Client Services
Mark Keeley
Partner & Joint Head of Private Client Services
Emma Fitzmaurice
Managing Associate
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