Personal representatives—powers, duties and remuneration
Personal representatives—powers, duties and remuneration

The following Wills & Probate practice note provides comprehensive and up to date legal information covering:

  • Personal representatives—powers, duties and remuneration
  • Personal representatives' duties
  • Exercise of powers
  • Statutory powers
  • Power to sell, mortgage or lease
  • Personal property
  • Real property
  • Power to insure
  • Power to postpone distribution
  • Power to appropriate
  • More...

Personal representatives' duties

The Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:

  1. collect and get in the deceased’s estate

  2. administer it according to the law and with due diligence

Executors must deal with the estate using:

  1. the powers given to them in the deceased’s Will

  2. all relevant statutory powers

Administrators must deal with the estate using all relevant statutory powers.

Exercise of powers

A sole PR (whether originally appointed or by survivorship):

  1. has the same powers as two or more PRs

  2. and, under the Law of Property Act 1925 (LPA 1925), may give a valid receipt for the proceeds of sale of land

When dealing with personal property joint PRs have joint and several authority. The act of one binds the others and the estate.

Any transfer or conveyance of freehold or leasehold land must be made by all proving PRs.

Statutory powers

PRs have a number of statutory powers. Executors may have the benefit of additional or extended powers given to them in the Will.

Power to sell, mortgage or lease

Personal property

PRs have absolute powers, under AEA 1925, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and The Trustee Act 2000 (TrA 2000), to sell, mortgage, lease or charge all the deceased’s property vesting in them.

Real property

PRs have all the powers of an absolute owner.

Under section 212 of the Inheritance Tax Act 1984 (ITA

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