Has anyone used an independent administrator for the estate?

Jennex

I am co-executor of an estate and I've been in a deadlock for years with the other one, who has held up administration due to conflict of interest. We're also the only beneficiaries. Solicitors conclude I need to relinquish being co-executor, and remove the other one (which we can do due to various abuses of power I won't go into here), and appoint an independent administrator.

I wasn't keen on this course of action since I've done nothing 'wrong' and am capable of administering an estate alone, but I am told, if I were sole executor, this just leaves me open to endless litigation by the other beneficiary / former co-executor.

I'd just like to hear other people's experiences of using an independent administrator. How do I choose one?

And I can't help expecting the worst, massive bills, lengthy process, etc…?

The assets are a property and some vehicles.

poseidon1

In the circumstances you outline you don't choose, the court chooses for you if the appointment of an administrator is not by agreement of the both of you.

Likely cost of an independent administrator will vary depending on location, generally fee rates higher in London and its immediate environs compared to more Northern locations, so difficult for you to judge from other people's experiences.

Since I assume probate has already been granted, and you are proposing removing your co executor as a hostile act for cause, this sounds like you will be making a section 50 application to the court under the Administration of Justice Act 1985 - as explained below

https://osborneslaw.com/wills-probate-and-disputed-estates-solicitors/independent-administrator/

https://www.kingsleynapley.co.uk/our-insights/articles/when-the-administration-gets-tough-the-independent-administrators-get-going/

Most of your original posts have been redacted because you unwisly inserted information that identified the parties. However I don't get the impression this is an especially substantial estate as represented by the value of the property, and it is sad that you may have to resort to a court appointed administrator to complete the estate administration, at a time when properly sales across England have slowed down markedly.

Vitor

You cannot simply remove a co-executor because the relationship has broken down. Unless they agree to step aside, it normally needs a court order under section 50 of the Administration of Justice Act 1985. I would be very cautious about renouncing your own role until there is a binding arrangement or order appointing the independent replacement.

An independent administrator is usually a probate solicitor or trust corporation.Obtain written estimates from at least two or three, separating:

• the cost of the removal/substitution application;
• the ongoing estate administration;
• property and vehicle sale work;
• hourly rates, likely total range, and whether a fee cap is possible.

Jennex

https://forums.moneysavingexpert.com/discussion/comment/82143787#Comment_82143787

It is sad, but I have been dealing with an extremely hostile co-executor. Extremely hostile.

The decision to remove them has been explored and approved by my solicitor. However they also recommend I need to step down else every decision will continue to be contested by the other person. Apparently independent administrators have more authority and protection from litigation.

Jennex

Okay. The removal of co-executor and renouncement of my role is what my solicitor has strongly recommended.

They have yet to reveal the process of how to appoint an independent administrator or the costs I can expect.