What Are The Duties Of A Legal Representative?

A legal representative is a person who is authorized to manage the affairs of a deceased person. This role may be held by an executor named in a will, or in the absence of a will, by an administrator appointed by the court. The duties of a legal representative are extensive and involve managing the estate, paying debts, and distributing the property to the rightful heirs. These responsibilities ensure that the wishes of the deceased (if a will exists) are honored and that legal obligations are met.

Key Duties of a Legal Representative:

Administering the Estate:

The primary duty of a legal representative is to administer the estate of the deceased. This involves managing all the assets and liabilities of the deceased person, including bank accounts, property, investments, and any outstanding debts.

The legal representative is responsible for ensuring that the deceased’s will (if one exists) is executed properly.

Obtaining Probate or Letters of Administration:

If the deceased left a will, the legal representative (usually the executor) must apply to the court for probate. This is a legal document that confirms the validity of the will.

If no will exists, the legal representative will be appointed by the court to manage the estate through letters of administration.

Settling Debts and Liabilities:

One of the important duties of a legal representative is to settle the debts and liabilities of the deceased person. This includes paying off outstanding bills, loans, and any other financial obligations that were left behind.

The legal representative should ensure that debts are paid using the estate assets before distributing the remaining property to the heirs.

Distributing the Estate:

After paying off all debts and expenses, the legal representative is responsible for distributing the estate among the beneficiaries according to the terms of the will or the laws of intestate succession if no will exists.

If the estate is intestate (without a will), the legal representative must follow the laws under the Indian Succession Act or the Hindu Succession Act, depending on the religion of the deceased, to ensure that the property is divided fairly among the heirs.

Filing Tax Returns and Reporting to Authorities:

The legal representative is also responsible for ensuring that the tax returns of the deceased are filed, including any income tax or estate duty returns.

The representative may also need to provide the authorities with a full inventory of the deceased’s assets and liabilities.

Handling Legal Claims and Disputes:

The legal representative may need to address any legal claims or disputes related to the estate. This may involve representing the estate in court, defending it against creditors, or resolving conflicts between heirs or other parties.

If there is a challenge to the will or the distribution of assets, the legal representative will need to resolve the issues.

Maintaining Records:

The legal representative must maintain accurate and detailed records of all transactions related to the estate, including income, expenses, and distributions. These records can be required in case of future legal scrutiny or disputes among heirs.

Distributing Assets to the Beneficiaries:

Once all debts and liabilities have been settled, the legal representative must distribute the assets of the deceased according to the will, or if there is no will, according to the laws of succession. This includes ensuring that each beneficiary receives their rightful share.

Acting in Good Faith:

The legal representative must act in good faith and with due diligence to fulfill their obligations. They should make decisions that are in the best interests of the deceased’s estate and beneficiaries.

Legal Framework:

Indian Succession Act, 1925:

The Indian Succession Act, 1925 outlines the duties and responsibilities of legal representatives when dealing with the estate of a deceased person. It applies to all persons who die in a state of intestacy (without a will) and provides a framework for the distribution of assets.

Hindu Succession Act, 1956:

For Hindus, the Hindu Succession Act, 1956 governs the distribution of property when a person dies intestate. The legal representative must ensure that the estate is divided according to this law.

Probate and Administration:

Under the Indian law, probate is granted to the executor named in the will. If there is no will, the court grants letters of administration to an appropriate person who will serve as the legal representative.

Example:

If Mr. Gupta passes away, leaving behind a will that names his son as the executor. The son, as the legal representative, must apply for probate to authenticate the will. He must then:

• Pay off any outstanding debts from Mr. Gupta’s bank accounts and property.
• Ensure that Mr. Gupta’s tax returns are filed and that all liabilities are settled.
• Distribute Mr. Gupta’s assets according to the will, ensuring each beneficiary receives their entitled share.

If any dispute arises among family members or creditors, the son will act to resolve these issues in accordance with the law.

Important Considerations:

Diligence and Transparency:

The legal representative must carry out their duties with transparency and diligence. They must act in the best interests of the estate and avoid any conflicts of interest.

Legal Responsibility:

A legal representative has legal obligations to manage the estate responsibly, and failure to carry out these duties can lead to legal consequences, including being held liable for any mismanagement or loss to the estate.

Time Frame:

The legal representative must manage the estate within a reasonable time frame, avoiding unnecessary delays in the distribution of assets.

Conclusion:

The duties of a legal representative are critical to ensuring that the estate of a deceased person is properly managed, debts are paid, and assets are distributed in accordance with the will or applicable laws of succession. It requires attention to legal details, good judgment, and proper communication with all parties involved to ensure the proper execution of the deceased’s wishes and legal obligations.