Personal representatives

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Personal representatives guidance:

Appointment Executors may be appointed: • expressly by Will • impliedly by Will (according to the tenor of the Will) • the Will may nominate someone to appoint executors....

Practice Note

Executors and administrators are referred to as personal representatives (PRs). An executor is a person appointed by a valid Will or codicil to administer the testator’s...

Practice Note

Executors General An executor is the person appointed, ordinarily by the testator by their Will or codicil, to: • administer their property • carry into effect the...

Practice Note

Liability Personal representatives (PRs) may find themselves liable for their acts or omissions in respect of their dealings with: • third parties • beneficiaries of the...

Practice Note

Personal representatives' duties The Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must: • collect and get in the deceased’s...

Practice Note

The rights of a person appointed executor by a Will cease if they: • die without having taken out probate • fail to appear on being cited to take out probate • renounce...

Practice Note

Where one of several executors dies Section 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to the executor...

Practice Note

Definition of trusts Trusts may be created by: • Will • during the lifetime of the settlor A trust is created where one or more persons (the trustees) are under an...

Practice Note