Often in estates there are practical complexities or relationship difficulties that may lead to ongoing challenges between the people involved.

Sometimes these challenges can inevitably lead to a deadlock that effectively means the estate cannot progress (and the beneficiaries receiving their interests is delayed).

Naturally, where there are difficulties in an estate that appear to be leading to a gridlock, as a solicitor, my advice to my clients is to try and resolve the issue before resorting to seeking the appointment of an independent solicitor. 

What is an independent administrator?

An independent administrator is a person with no interest in a deceased estate, appointed by the Court to administrate the estate in accordance with the Will or under the rules of intestacy.

Generally speaking, an independent administrator is a professional with experience with estate administration. 

What steps should you take before resorting to seeking the appointment of an independent administrator?

1. If the beneficiaries and people involved are not represented, and a conversation is possible, it is always best to discuss the issues to see if an amicably resolution can be reached.

2. If a conversation between the people is not possible or does not provide a solution or path forward, it may be necessary to engage a solicitor to:

1. liaise with the people involved in an attempt to resolve ongoing disputes; and
2. liaise with the executor of the estate in relation to the delays in the administration of the estate.

3. Where conflicts of interest exist (i.e. an executor is residing in estate property or has an interest in an estate assets), to request that the executor renounce their role, prior to being appointed as the executor of the estate.

4. If practical, to engage in a mediation with the people involved to come to a resolution.

An application to appoint an independent administrator should be considered a last resort and all practical steps should be taken to resolve disputes before an application is made to the Court.

It is important to document the steps that have been taken to come to a resolution as this will be used as evidence to Court as to the need for an independent administrator.

Circumstances where an independent administrator may need to be appointed

1. Where the executor has not taken any steps in the administration of the estate.  Situations where the following may have taken place may warrant the need for the appointment of an independent administrator:

1. The executor may be living in an estate property that is gifted to another beneficiaries, and delaying taking any steps progress the estate, or sell that property for the benefit of the other beneficiaries.
2. There may be multiple executors that are unable to agree on key decisions in relation to the administration.
3. Where the executor is dealing with a complex estate that involves matters such as trusts, businesses, international assets, tax and litigation against the estate.

2. Where the executors do not see eye to eye.  This can often lead to no steps being taken in the estate because the executors simply don’t get along.

3. The executor may have mismanaged the administration of the estate (i.e. by misappropriating estate funds).

4. Where an executor intends to make a claim against the estate, challenging the Will or their entitlement under the Will.

It is important to stress that every estate is different, and the steps in every may way vary.  Accordingly, every matter has to be considered on its own facts. 

If you have an interest in an estate and wish to discuss the appointment of an independent administrator, please don’t hesitate to contact us.