Payment of legacies
Payment of legacies

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Payment of legacies
  • Identification
  • Executor's year
  • Deciding to distribute
  • Beneficiaries
  • A general legacy
  • A specific legacy
  • Demonstrative legacies
  • A residuary gift
  • Cumulative legacies
  • more

Identification

The personal representatives (PRs) must identify:

  1. the beneficiary entitled

  2. what each beneficiary is entitled to receive

  3. the time at which each legacy should be paid

Executor's year

PRs have at least a year from the date of death before beneficiaries can call on them to distribute any part of the estate.

Deciding to distribute

Before deciding to commence distribution, PRs must consider:

  1. outstanding tax liabilities

  2. outstanding debts

  3. unknown beneficiaries

  4. rectification action

  5. family provision claims

  6. variation or disclaimer

Beneficiari

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