The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 to provide for the use of witness statements as an alternative to affidavits for the non-contentious probate applications and processes contained in the following rules: NCPR 1987, SI 1987/2024, rr 10(1)(b), 12(1), 12(2), 16, 19, 25(2), 26(1), 32(2), 36(2)(a), 44(6), 44(10), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3), 55(2) and 55(3). This makes permanent the temporary provisions introduced by the President of the Family Division at the start of the coronavirus (COVID-19) pandemic. See: LNB News 01/10/2020 19.
Section 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:
‘the executor, original or by representation, or administrator for the time being of a deceased person, and as regards any liability for the payment of death duties includes any person who takes possession of or intermeddles with the property of a deceased person without the authority of the personal representatives or the court, and “executor” includes a person deemed to be appointed executor as respects settled land’
An executor is a person appointed by a valid Will or codicil to administer the testator’s property and carry out the provisions of the Will.
If the deceased left a Will but there is no executor able or
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