Section 35: Personal representatives.

Trustee Act 2000 · 2000 c. 29View on legislation.gov.uk

Part VI: Miscellaneous and Supplementary

Subject to the following provisions of this section, this Act applies in relation to a personal representative administering an estate according to the law as it applies to a trustee carrying out a trust for beneficiaries.

For this purpose this Act is to be read with the appropriate modifications and in particular—

references to the trust instrument are to be read as references to the will,
references to a beneficiary or to beneficiaries, apart from the reference to a beneficiary in section 8(1)(b), are to be read as references to a person or the persons interested in the due administration of the estate, and
the reference to a beneficiary in section 8(1)(b) is to be read as a reference to a person who under the will of the deceased or under the law relating to intestacy is beneficially interested in the estate.

Remuneration to which a personal representative is entitled under section 28 or 29 is to be treated as an administration expense for the purposes of—

section 34(3) of the Administration of Estates Act 1925 (order in which estate to be paid out), and
any provision giving reasonable administration expenses priority over the preferential debts listed in Schedule 6 to the Insolvency Act 1986.

Nothing in subsection (3) is to be treated as affecting the operation of the provisions mentioned in paragraphs (a) and (b) of that subsection in relation to any death occurring before the commencement of this section.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.