9. Administration: Dealing with the Estate

Question 1

Administration Period

Answer 1

The ‘administration period’ commences at the moment immediately following the death and ends when the PRs are in a position to vest the residue of the estate in the beneficiaries, or the trustees if a trust arises under the will or the intestacy rules.

Question 2

Duration of the office of PR

Answer 2

For life

Question 3

Primary Duty of the PR wrt administering the estate

Answer 3

The primary duty imposed on PRs is found in s 25 Administration of Estates Act 1925 (AEA 1925). The PRs must ‘collect and get in the real and personal estate of the deceased and administer it according to the law’.

Question 4

If a PR has breached a duty of office, can the court excuse them from liability?

Answer 4

Yes, s 61 Trustee Act 1925: Court has power to relieve a PR from liability if it is satisfied they have acted ‘honestly and reasonably’ and ought fairly to be excused from the breach

Question 5

Can a PR be protected from liability for breaches in the will document itself

Answer 5

Yes, if there is a clause to this effect