Personal representatives

Definition of a personal representative

Executors and administrators of deceased estates are collectively referred to as personal representatives (PRs).

An executor is a person appointed by a valid Will or codicil to administer the testator’s property and carry out the provisions of the Will. If the deceased left a Will but there is no executor able or willing to act then an administrator may take a grant of letters of administration with Will annexed. A simple grant of letters of administration is required where the deceased did not leave a Will, often where they died fully intestate. Again it will be an administrator who is appointed as PR in that case.

A testator is free to appoint anyone as an executor in their Will. If there is no valid appointment of an executor then any person who is entitled under rules 20 or 22 of the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) may apply for a grant of letters of administration (with Will annexed) or if there is no Will, a simple grant of letters of administration.

Where a person deals with matters relating to a deceased ...

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