The basic position

Beneficiaries of a deceased individual’s estate naturally want to know that the estate is being effectively administered by the personal representatives (PRs) and usually will wish to receive their entitlements under the Will or intestacy as soon as possible.

Executor's year

Section 44 of the Administration of Estates Act 1925 (AEA 1925) gives executors and administrators one year from the date of death before beneficiaries can call on them to distribute any part of the estate. There may be circumstances in which the PRs will not be in a position to distribute the estate for significantly longer than this executor’s year and are able to justify the delay.

Rights of beneficiaries during the administration

While the estate is being administered, the ownership of the deceased's unadministered assets lies with the PRs for the purposes of administration, without any distinction between legal and equitable interests.

No beneficiary in the meantime, whether under the deceased's Will or intestacy, has any proprietary interest in any particular asset comprised in the unadministered estate.

The beneficiary's entitlement