I love learning new words. When I first heard someone say the word "Devastavit", I thought they were making it up. Turns out, it is a real word, meaning ‘laid waste’ and describes a type of claim that beneficiaries can bring against someone who is administering an estate - a Personal Representative (PR).  PRs have a duty to collect in estate assets, pay debts and liabilities, and distribute to the beneficiaries according to the Will. 

Where the PR has acted in a way that causes a loss to the estate, or where that PR makes a profit in a way they shouldn't have, beneficiaries can bring a claim for devastavit. Some examples are as follows:

1. A breach of their fiduciary duties. For example, if a PR purchased a property from the estate without the relevant approval from the Court, and made a gain for themselves.

2. Negligence. If the PR falls below the standard of care owed to the estate, causing a loss. Examples of this could be failing to pursue claims for money the estate is owed, or not taking advice when it was needed, or making mistakes in dealing with the accounts and distributions.

3. Maladministration. An example of this would be making a distribution out of the estate which is too high or failing to account for another liability such as debts of the deceased.

4. Misuse of assets. If a PR takes assets belonging to the estate and uses them for their own use, or their own personal gain.

If you bring a claim for devastavit, the Court may be forgiving of the PR, for example, someone who is not legally trained and has no prior experience, got themselves in a muddle. There are, however, cases of course where it is not a muddle, but the PR has deliberately sought to make a profit from their position, or when their mistake is such that it is below the standard of duty of care owed.

In terms of what might happen at Court, the transaction might be set aside (undone) by the Court in certain circumstances, for example a transaction in breach of a fiduciary duty. The PR may be ordered to pay back into the estate, and ultimately may be personally liable.

It is important to note that there may be other remedies if you consider a Personal Representative has acted improperly or negligently. This can include asking the Court to remove PRs from their role in administering the estate. Please see our articles on section 50 applications here.

The team at Allan Janes are experienced in dealing with all aspects of estates and wills, including where things don't go according to plan or where beneficiaries are disappointed.  This article was written by Toby Walker, Head of Dispute Resolution, and Partner at Allan Janes LLP.  Our Dispute Resolution team can be contacted on 01494 521301.