Entitlement to the estate

Entitlement under a Will

Where the deceased left a valid Will, the executors must identify which beneficiaries are entitled to any specific property. Unless there is a contrary intention in the Will, then as to:

1. •

   identifying the property, the Will speaks and takes effect as if it had been executed immediately before the death of the testator

2. •

   identifying the beneficiaries, the Will speaks from the date of execution

A person may be disqualified from taking under a Will if:

1. •

   they have induced by undue influence or fraud the making of the gift to them

2. •

   by their criminal act they have caused the death of the testator

3. •

   they or their spouse or civil partner have witnessed the Will (subject to exceptions)

If a person lacks or is suspected to lack the capacity to deal with a legacy under a Will it might be wise to consider applying to the Court of Protection for the appointment of a deputy.

A beneficiary must survive the testator or fulfil a condition, if appropriate, in order to take a gift under that testator’s Will. If they...