But what happens when the PR is failing to communicate with beneficiaries who have no idea what is going on?

In this blog post, Walker Foster probate and inheritance disputes specialist solicitor Guy Platon explains what beneficiaries should expect from PRs in terms of communication, and what options are available to them when correspondence breaks down.

What responsibilities do PRs owe to the beneficiaries?

The PRs will hold the entirety of the interest in the assets of the estate. They do not owe a duty to the beneficiaries other than to properly administer the estate for them. Nor are they under a duty to keep the beneficiaries informed.

However, it is usually a good idea for the PRs to communicate with the beneficiaries. Notice must be given at some stage to complete the administration. They may also need their assistance in ascertaining the assets and liabilities of the estate or contacting other beneficiaries. If Inheritance Tax is due, then the beneficiaries may wish to offer the estate a loan, for example, or be consulted as to whether assets should be sold. An open dialogue also prevents any mistrust or cynicism developing, or even legal costs being incurred.

It is a generally held expectation that the beneficiaries have a right to see the will. However, this is not true; the will is confidential and remains so until it is published for the world to see when it is ‘proven’, and the Grant of Probate issued.

In the vast majority of cases, however, the will is circulated to all the beneficiaries (at least the residuary beneficiaries) at an early stage.

Can PRs be forced to take action?

In cases that are not as open as this, what can the beneficiaries possibly do?

By way of Section 44 of the Administration of Estates Act 1925, a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death.

This is the so-called ‘executor’s year’, and it means that a PR cannot be forced to distribute until this year is up. Even after the year’s end, a court will not order distribution if the PR can show that there are good reasons for retention and they are acting honestly.

This does not, however, allow a PR to needlessly delay the administration if the estate is ready to be distributed within the year.

If an original will is believed to be in the possession of a person who refuses to release it, then an application can be made to require that person to lodge the document at the probate registry. This is more useful in cases where the latest will is questionable, and therefore the beneficiaries under a previous will are seeking to obtain an earlier one. The probate registry won’t necessarily sidestep the will’s confidentiality, however.

It might be that a PR is reluctant to act and wishes to renounce their role. This is an option as long as the individual has not ‘intermeddled’ with the estate. This may have happened if they have taken on or accepted the role of PR and is a matter of fact - for example, if they have begun to collect in and/or distribute the estate. If they renounce at an early stage, then there may be no issues with this, and it would be by far the easiest way to make progress.

If they do not wish to engage, however (and perhaps have ignored or rejected an invitation to renounce their role), then a beneficiary might be able to intervene by way of issuing a ‘citation’. There are three types:

1. To accept or refuse a grant: this may be suitable if the PR (or the person with the highest priority to act as PR) will not take probate, or is delaying and refuses to renounce but has not intermeddled. The individual can be cited to appear and, if they fail to do so or fail to respond satisfactorily, they can lose their rights as PR.
2. To take probate: this may apply if someone has intermeddled with the estate but, six months after the death, has failed to take out a Grant of Probate. They can similarly be forced to take out a grant or be passed over as PR.
3. To propound a will: this is less likely to apply with difficult PRs, but may be used if a person becomes aware of a questionable later will. In order to effectively see it off, they can cite the persons interested in the later will to propound it, or enter it for probate. This can therefore bring the issue to a head in a proactive way.

Each of these processes can serve to “kick the PRs up the posterior”, but if the PR is likely to be a constant problem, then it might be preferable to explore ways to remove or substitute them entirely.

How can PRs be removed from their role?

The court has discretion to remove, replace or substitute the PRs either before or after a Grant of Probate is issued.

If still at the pre-Grant stage, then a so-called ‘pass over’ application can be made. Such an application will require evidence that it is necessary or expedient to appoint some other person as PR. An application, backed with an affidavit and supporting evidence, can then be made to the probate registry.

Alternatively, an action for removal or replacement (of a PR) can be made to the High Court where this is necessary in the interests of the welfare of the beneficiaries and the proper administration of the estate.

Once a grant is received, it is still possible that the beneficiaries are in the dark, although they will be able to obtain a copy of the will and, of course, the probate valuation of the estate will be marked on the Grant of Probate.

It is noted that the PRs have a legal duty to “exhibit an oath in the court a full inventory of the estate, and when so required, render an account of the administration of the estate to the court, when required to do so” (Section 25 AEA 1925).

This allows a beneficiary (or indeed a creditor of the estate) to apply for an estate account and inventory from the PRs, with committal possibilities if they disobey. Therefore, the PRs would be advised to disclose such an account upon request. An inventory generally contains a full list of all the assets and their values due to the estate at the date of death.

This is a quick, cheap and convenient procedure and will very often answer many questions the beneficiaries have about the estate and could therefore dispel any suspicions. Alternatively, it could raise any number of further enquiries and pave the way for an action for the PRs’ removal.

There are, therefore, a number of options available to a beneficiary who feels that they have been kept out of the probate process or that the PR has acted improperly or with delays. Please bear in mind that the information contained in this blog is designed as a brief guide for illustrative purposes only, and will not be exhaustive. Walker Foster cannot accept any liability for any steps taken by someone who has read this guide, acted upon it and then feel that this has resulted in loss to them. Specialist, case-specific advice should be obtained if you are in need of assistance on this matter.