identification of beneficial interests

The personal representatives (PRs) of an estate must identify:

1. •

   the beneficiary or beneficiaries entitled to each particular legacy

2. •

   what each beneficiary is entitled to receive, and

3. •

   the time at which each legacy should be distributed

Executor's year

PRs have at least one year from the date of death before beneficiaries can call on them to distribute any part of the estate. Even after one year, the PRs may not yet be in a position to distribute the estate.

Deciding to distribute

Before deciding to commence distribution of legacies, PRs must consider if there is reason to delay distribution due to other aspects of the estate administration being incomplete or potential issues arising, such as:

1. •

   outstanding tax liabilities

2. •

   outstanding debts

3. •

   unknown beneficiaries

4. •

   rectification action in relation to the Will

5. •

   family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975

6. •

   variation or disclaimer, or

7. •

   any other uncertainties regarding the estate

Beneficiaries