Personal representatives

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Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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9th Nov
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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9th Nov
Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
Practice notes
A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
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9th Nov
Practice notes
CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...
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9th Nov
Practice notes
What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 12th Jan
Practice notes
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...
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9th Nov

Most recent Personal representatives content

Q&As
Section 25 of the Administration of Estates Act 1925 (AEA 1925) imposes a duty on the personal representative (PR) to collect and get in the real and...
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15th Feb
Q&As
It is not clear whether the Q&A refers to a grant of probate or a grant of administration letters of administration. For the purposes ...
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15th Feb
Q&As
The decision on disclosure is a matter for the executors and their decision may be influenced by a number of factors.It is not clear whether there is...
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15th Feb
Q&As
Acting as executorIf a person is appointed as executor of an estate and has lost capacity, they cannot apply for the grant of probate.In those...
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Produced in partnership with Adam Draper of Shoosmiths 15th Feb
Q&As
The renunciation by an executor of their duties will not be effective if they have already intermeddled in the estate. The details regarding...
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15th Feb
Q&As
Appointment of personal representatives‘Renunciation’ is the act whereby a person having a right to probate or administration waives and abandons it.A...
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15th Feb
Q&As
This Q&A does not indicate whether the executor is a layperson or a professional and, if a professional, whether that person is a solicitor. However,...
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15th Feb
Q&As
An executor, like any other personal representative, has a duty to act diligently and in the best interest of the estate and the beneficiaries. This...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb
Q&As
For the purpose of this Q&A, we have assumed that:•the child of the deceased is not a minor•a grant of administration'>letters of administration has...
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Produced in partnership with Helen Galley of XXIV Old Buildings 15th Feb
Q&As
Executors have a duty to secure and protect estate assets—see Practice Notes: Securing and protecting assets and Personal representatives—powers,...
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15th Feb
Q&As
A particular problem for can arise for personal representatives (PRs) where they are aware that there is a beneficiary or indeed a creditor that needs...
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15th Feb
Q&As
Q&A: If an individual is appointed as executor and trustee and decides to have power reserved to them are they still a trustee of any o...
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15th Feb
Q&As
Beneficial entitlements to the estateThe Administration of Estates Act 1925 (AEA 1925) deals with the beneficial entitlements to an estate in an...
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15th Feb
Q&As
Case StudyA is the attorney of B under a valid power of attorney. B is the leaseholder of a property. A signs lease extension documents on B’s behalf...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb
Q&As
Appointment of firm of solicitorsIt is quite common for a testator to appoint a firm of solicitors to be the executors of their estate but care must...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Feb

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