When the administration gets tough, the independent administrators get going

Appointing an independent administrator is often a good option when considering the administration of an estate; importantly, it should allow all beneficiaries to feel confident that the estate has been dealt with neutrally and in a professional manner.

When a loved one has died, emotions run high. Often, a family member has been appointed to deal with the administration of the estate which may be complex and/or there may be beneficiaries who feel that they have been unfairly provided for.  

This frequently leads to disputes between parties and challenges in progressing the administration. 

Delays in the administration of an estate are a source of frustration for beneficiaries and may ultimately lead to increased costs and the value of the estate diminishing.

Beneficiaries may have lost trust in an executor for a number of reasons, e.g. if they believe that the executor is not acting neutrally or is unable to effectively progress the administration. In such circumstances, beneficiaries may ultimately wish for an independent party to take on the role.  

Equally, the role of an executor is often a thankless task and a number of reasons may lead to executors deciding that it has become impossible to continue to act.  Particularly in situations where a dispute has arisen, it may be easier – or more appropriate – to appoint an independent administrator who can take over and finalise the administration. 

It is ultimately in all parties’ best interests for an estate to be dealt with efficiently so that the bereaved can move on; the appointment of an independent administrator may be a suitable course of action in some cases in order to ensure that this is possible.  

The court has the power to appoint someone to act as administrator in place of the person who would normally be entitled to carry out the role. To exercise its powers it must be satisfied that there are special circumstances which render it necessary or expedient to pass over the person or persons normally entitled to the grant. The circumstances under which grants have been made under this section are wide-ranging. In the case of King v Stephen King [2023] EWHC 2822 (Fam) it was confirmed that ultimately, in making its decision, the overall interests of the beneficiaries of the estate as a whole must be at the forefront of the mind of the registrar or judge.

The role of an independent administrator

An independent administrator is a person or company appointed to administer an estate in place of the executor/administrator appointed in the Will or under the intestacy rules (where there is no valid Will).  

This will usually be an experienced solicitor, or firm of solicitors, who will be able to effectively handle each element of the administration in order to protect the value of the estate assets. They will act even-handedly so as to minimise the risk of a dispute arising.

The independent administrator will be entirely independent; they have no interest in the estate or the assets being dealt with – they are a professional, neutral party and unconnected to the beneficiaries or family members involved. 

This is distinct from situations where an executor instructs a law firm to act on their behalf. The independent administrator actually steps into the role of executor rather than taking instructions from the appointed executor. This will help remove any distrust and allow beneficiaries to feel confident that the estate is being dealt with neutrally. 

The independent administrator will take on the role of an executor and the duties that come with it, including duties to account to the beneficiaries. As such, the beneficiaries will be kept updated on progress.

Circumstances where the appointment of an independent administrator might be appropriate:

• A dispute has arisen between interested parties (for example, the beneficiaries and executor, or between co-executors) which is preventing the executors from being able to progress the administration.
   
• The beneficiaries (or another party) are challenging the validity of the Will, such that it’s not clear who is entitled to deal with the administration of the estate, and it is appropriate for an independent party to deal with the administration pending the outcome of the dispute.
   
• Where an executor has acted improperly and/or the beneficiaries have lost trust in the executor; for example, where the executor has failed to comply with his duties to the beneficiaries. This might include circumstances where allegations of dishonesty or fraud have been made against the executor, or where the executor has failed to properly account to the beneficiaries with regard to the estate assets and liabilities. If an application for the appointment of an independent administrator can be made by consent, then this could be an alternative to an application to remove an executor, which is likely to be more costly.
   
• Where an executor named in a will has died or has become unwilling or unable to act.
   
• If the person named as executor wishes to start court proceedings against the estate; for example, under the Inheritance (Provision for Family and Dependants) Act 1975). In these circumstances, the executor may wish to avoid any suggestion that they are not acting neutrally and appoint an independent administrator. 
   
• To preserve the value of the estate or recover estate assets while disputes concerning the administration of the estate are ongoing. For example, if estate assets have been misappropriated during the deceased’s lifetime, an independent administrator could deal with any litigation to recover those assets. Alternatively, in estates involving complex structures or family businesses, prompt action may be required to preserve any business assets, and ensure ongoing liabilities are paid.
   
• On intestacy (where the deceased has not left a Will) and so no executor has been appointed. In this scenario, there may be multiple people who are equally entitled to apply for the grant of letters of administration (the document which proves you are entitled to deal with the estate). A dispute may arise as to who should take out the grant. An independent administrator may be a sensible solution which is palatable for all parties.

Costs and practicalities

There is an associated cost to appointing an independent administrator, as the professional will charge for their work in the administration; however, in the case of a disputed estate, the cost of an independent administrator is likely to be less than the cost of contested court proceedings.

Similarly, if the appointed executor intended to instruct a law firm in any event, the costs of appointing an independent administrator should not be greater; however, the estate will benefit if the appointment results in a dispute being avoided. The costs of the independent administrator are ordinarily paid for from estate funds.   

Considering the appointment of an independent administrator early on in the administration can reduce delays and minimise the risk of a dispute arising; this will preserve the value of the estate and potentially lead to reduced overall costs.

In the case of Bowser v Smith [2023] EWCA Civ 923, there was a dispute between co-executors. A professional executor sought the removal of his co-executor, who was the deceased’s widow, while she proposed that they both step down and an independent administrator be appointed. While the professional executor eventually accepted this proposal at the hearing, the court was critical of his failure to do so earlier, as had this been agreed when proposed, it would have resulted in a fraction of the costs actually incurred. The professional executor was also penalised in costs. Caution should therefore be exercised by executors when deciding whether or not to agree to the proposed appointment of an independent administrator.

Further information 

If you require further information or advice from our team of specialist Contentious Trust and Estate lawyers, please contact or a member of our team, email us or call us on +44 (0)20 7814 1200.

About the author 

Cally Brosnan is an Associate in the dispute resolution team, specialising in wills, trusts and inheritance disputes.