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GLOSSARY

Personal representative definition

Published by a LexisNexis Private Client expert

What does Personal representative mean?

A person who administers the estate of a deceased person. A personal representative appointed under a valid Will is called an executor. Where the deceased did not leave a valid Will, the personal representative has to be appointed by the court and is called an administrator.

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Probate actions—lack of testamentary capacity

Probate actions—lack of testamentary capacity With increased life expectancy comes increased mental illness as people’s bodies outlive their minds. Dementia and other mental illnesses including depression, anxiety, psychosis, confusion and personality disorders may all impact a testator’s ability to make a Will. In addition, drug use, alcoholism and recent bereavement can have a significant impact on capacity. Analysis of the test for testamentary capacity For the purpose of assessing a deceased individual's testamentary capacity, recent case law maintains that the test under Banks v Goodfellow is still the appropriate test. That test provides that the testator must: • understand the nature of the act of making a Will and its effects • understand the extent of their estate of which they are disposing by Will • understand and appreciate any claims against their estate, and • not suffer from any ‘disorder of the mind’ such as to impair or influence the above factors In Leonard v Leonard the High Court set out an authoritative and...

Specific time periods for different types of personal injury claim

Specific time periods for different types of personal injury claim This Practice Note covers the specific time periods for those personal injury cases which fall outside of the usual three-year limitation period. The guidance considers a variety of non-standard accident circumstances, including accidents abroad and accidents incurred while travelling on an aeroplane, boat or international train, Criminal Injuries Compensation Authority claims, Motor Insurers’ Bureau claims and those brought under the Fatal Accidents Act 1976 (FAA 1976) and claims by the armed forces and actions brought under the Human Rights Act 1998. The Limitation Act 1980 is referred to as LA 1980. Accidents abroad Pursuant to the Foreign Limitation Periods Act 1984 (FLPA 1984), where a court in England or Wales is applying the law of a foreign country, the relevant foreign limitation period applies unless applying it would so conflict with public policy as to cause undue hardship to one of the parties. In Harley v Smith, the application of a 12-month period pursuant to...

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Draft Witness Statement—personal representative—family provision claim

Draft Witness Statement—personal representative—family provision claim This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription). [Indorsement as to party making statement, date etc as in CPR Part 32 PD, para 17] IN THE [HIGH COURT OF JUSTICE] CLAIM NO. HC […] [CHANCERY DIVISION] [BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES] [PROPERTY TRUSTS AND PROBATE LIST] IN THE MATTER OF THE ESTATE OF [INSERT NAME] DECEASED IN THE MATTER OF THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975 between: 1 [INSERT NAME] Claimant 2 [INSERT NAME] (the personal representative of the deceased) and 3 [INSERT NAME] Defendants WITNESS STATEMENT OF THE FIRST DEFENDANT I, [name], of [address], solicitor, WILL SAY as follows: 1 I am a solicitor of the Supreme Court and a Partner in the firm of [name] which practices at the above address.

Declaration of trust—tenancy in common

Declaration of trust—tenancy in common Date [date] Parties 1 [name of first joint tenant] of [address] 2 [name of second joint tenant] of [address] (together referred to as Joint Tenants) background (A) By [ [a conveyance OR transfer] OR an assent] dated [date] made between (1) [[names of seller(s)/transferor(s)] OR [name(s) of personal representative(s)]] and (2) the Joint Tenants, the property described in the Schedule (Property) is vested in the Joint Tenants in fee simple on trust for themselves as beneficial joint tenants. (B) The Joint Tenants have agreed that, as from the date of this Deed, the joint tenancy is severed and the Property is held by them on trust for themselves as tenants in common in equal shares, on the further terms of this Deed. 1 Tenancy in common As from the date of this Deed, the Joint Tenants hold the Property in fee simple in trust for themselves as beneficial tenants in common in equal shares. 2 [ HM Land Registry The Joint Tenants...

Dive into our 18 Precedents related to Personal representative

Can the trust deed be protected by standard Form A restriction at the Land Registry and what is the best way of registering the trust deed at the Land Registry?

Can the trust deed be protected by standard Form A restriction at the Land Registry and what is the best way of registering the trust deed at the Land Registry? It has been assumed that the property that is the subject of the trust deed is registered property and that the trust deed is to be made between co-owners of the registered property. Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate are separate. The legal estate must be held by the co-owners as joint tenants. The beneficial interest in the property can, however, be held by the co-owners either as: • joint tenants, or • tenants in common If the co-owners are joint tenants, each has an indivisible share in the property, so that each owns the whole rather than an identifiable share of the property. The right of survivorship applies so...

If a beneficiary of a deceased person's estate requests an executor to renounce probate and that an independent executor is appointed in place of the executor, is there an obligation on the executor to renounce probate? How can the executor protect themselves if proceedings are issued for their removal?

If a beneficiary of a deceased person's estate requests an executor to renounce probate and that an independent executor is appointed in place of the executor, is there an obligation on the executor to renounce probate? How can the executor protect themselves if proceedings are issued for their removal? An executor is not under an obligation to renounce probate simply because a beneficiary requests it. If the executor agrees to the request to renounce their right to take a grant of probate, this must be done before the executor has intermeddled in the estate or taken a grant of probate. See Practice Note: Removal, renunciation and retirement of personal representatives Once the executor has taken a grant of probate or intermeddled in the estate, he or she must either continue with the administration of the estate or seek the court's intervention for their removal see Re Morant's Goods. See Q&A: Where the sole executor (who is one of two residuary

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Private Client weekly highlights—17 April 2025

This week’s edition of Private Client highlights includes: (1) Changizi v Changizi, where a non-exempt beneficiary’s share of estate was liable for IHT under Re Ratcliffe; (2) Argyll and Bute Council v RF (by his litigation friend, the Official Solicitor), in which the Court of Protection refuses an application for recognition and enforcement of a Scottish Guardianship order; (3) Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust; Haastrup v King’s College Hospital NHS Foundation Trust, in which the Supreme Court held that anonymity for clinicians in withdrawal of treatment cases involving children should normally be of limited duration; (4) Companies House launches a new voluntary identity verification service; (5) Armstrong v Bhattacharya, which highlights the importance of clear, contemporaneous documentary evidence and a consistent case in circumstances where a person wishes to demonstrate that ownership of a property differs to that which is recorded at HM Land Registry; (6) Tedford v Clarke, in which the court held that although a Will was badly drafted, it was not meaningless and...

PI & Clinical Negligence weekly highlights—17 April 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision which considered causation in a mesothelioma claim. We also consider a High Court judgment which found that the fixed costs regime was disapplied retrospectively on allocation to the multi-track. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.

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