The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the very least, maintain the estate of the deceased or move the administration forward pending the outcome of the action. There are a number of avenues through the court open to interested parties.
It is possible for a party involved in a probate claim concerning the validity of a Will or for obtaining, recalling or revoking any grant to make an application to the court for an order granting administration of their testator's estate to an administrator pending the determination of the action. That administrator will be under the direct control of the court and will not be permitted to make any distribution of the estate or any part of it (such as legacies) without the court's consent.
Commonly, the administrator appointed will be a professional and it will be of some comfort to them that the Supreme Court Act 1981 (SCA 1981) permits the court to order reasonable remuneration to them.
The function of this special administrator will be to gather in the assets of the estate and to pay the debts and any inheritance tax due. With the court's permission or as the parties may agree, other necessary steps in the administration can be taken.
On a practical level
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