Q&As

Personal representatives (PRs) may delegate by power of attorney, for a fixed period not exceeding 12 months, any of the duties, powers and discretion vested in them. If the PRs appoint a solicitors firm to act on their behalf, against which party, the PRs or the solicitors’ firm, should the beneficiaries of the estate proceed if there is a dispute concerning the estate?

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Published on: 03 January 2017
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Grant of representation and delegation by Personal representatives (PRs)

Prior to the issue of a grant, an executor may appoint another person to act as their attorney (under a general Power of attorney) to apply for a limited grant of administration for their use and benefit under regulation 31 of the Non-Contentious Probate Rules 1987, SI 1987/2024 (SI 1987/2024, reg 31).

As a separate point, personal representatives (PRs) who have already obtained a grant of administration in their own name may also delegate by a general power of attorney, for a fixed period not exceeding 12 months, any of the duties, powers and discretion vested in them under section 25 of the Trustee Act 1925 (TA 1925) (as amended

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United Kingdom
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Personal representative definition
What does Personal representative mean?

A person who administers the estate of a deceased person. A personal representative appointed under a valid Will is called an executor. Where the deceased did not leave a valid Will, the personal representative has to be appointed by the court and is called an administrator.

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