POST GRANT PRACTICE (Powers of personal representatives)

·      In order to fulfil their duties the personal representatives must have powers to carry out certain actions. Personal representatives must always act within their powers.When PR's begin the administration of an estate they must consider carefully what powers they have.

·       Their powers may derive from two sources:-

            -           statute

                        and / or

            -           the deceased's will

• Statutory provisions lay down a number of basic powers which all PRs will have unless the deceased has specifically excluded them in his will. The Administration of Estates Act 1925 gives personal representatives various powers in connection with the administration of an estate.  The Trustee Act 1925 and the Trustee Act 2000 also give statutory powers to personal representatives and trustees.

• The Trustee Act 2000 introduced a statutory duty of care and trustees have to exercise such care and skill as is reasonable in the circumstances having regard to any special knowledge he has or holds himself out as having. If he acts as trustee in the course of a business or profession  regard is had to any special knowledge it is reasonable…