Description of the legal term Administrator:
In English law, an administrator is usually a person appointed to administer and distribute the estate of a deceased person who has left no will or whose will has not appointed an executor. This role is crucial as it involves responsibility for ensuring that the deceased’s estate is dealt with fairly and in accordance with the law.
The process of appointing an administrator begins when someone dies intestate (without a valid will) or when the named executors are unable or unwilling to act. The administrator is usually a close relative of the deceased, such as a spouse or adult child, but in the absence of a suitable family member, the court may appoint a professional such as a solicitor.
The duties of an administrator are similar to those of an executor. They include collecting and valuing the assets of the estate, paying any debts and taxes due, and distributing the remaining assets to the beneficiaries according to the rules of intestacy. These rules are set out in the Administration of Estates Act and other related legislation.
Legal context in which the term Administrator may be used:
Consider a scenario where an individual, John, dies without a will. He is survived by his wife, Anne, and two adult children. As John died intestate, the court appoints Anne as administrator of his estate. Anne’s duties include:
1 Collecting and valuing John’s assets, which include a house, bank accounts and personal belongings.
2 Paying any outstanding debts and taxes from the estate.
3 Distributing the remaining assets to herself and her children, following the rules of intestacy.
This process involves liaising with various bodies such as banks, debtors and the probate court. Anne may also need to sell certain assets, such as the house, to pay off debts and distribute the proceeds. Throughout this process, she must act in the best interests of all the beneficiaries and administer the estate prudently and fairly.
The role of an administrator is an important one in English law, particularly in the context of probate and estate administration. It requires a person to act with integrity, diligence and fairness to ensure that the deceased’s estate is properly administered and distributed in accordance with the legal framework governing intestacy.
