We refer you to the following Commentary: Pensions: Tolley's Administration of Estates [G6.23]. This extract explains that section 11 of the Welfare Reform and Pensions Act 1999 (WRPA 1999) puts approved pension schemes out of the reach of creditors and prevents the schemes from vesting in the trustee in bankruptcy. WRPA 1999, s 12 permits rights under certain unapproved schemes to be excluded from the deceased's estate. The main exception to this general rule that

Where an individual gives 10% or more of their estate to a charity on death, a reduced rate of 36% applies to the taxable value of that estate. For the purpose of the legislation, the deceased’s estate is divided into three components: • the survivorship component • the settled property component • the general component Each component must be looked at separately to establish whether the property falling

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. If an ex-employee brings a claim against a company in administration, it is possible that some, or all, of their claim could be deemed to be a preferential claim. However, this is very much dependent on what the claim is for and not who the claimant is, ie the fact that it is made by an ex-employee. What is classed as a preferential claim in an administration is set out in the Insolvency Act 1986

Whether or not the proposed activity constitutes a breach of contract will depend upon: • the respective definition of 'exclusive' and 'product' within the distribution agreement, and • any restrictions specifically imposed on the manufacturer That will determine if the proposed action is a breach of the exclusive distribution agreement. For information about the importance of definitions in contracts and general rules of interpretation, see Practice Note: Defining terms. Exclusivity The terms 'exclusive', 'non-exclusive' and 'sole' are used frequently to describe the rights granted under

Construction of a document usually involves the interpretation of the language actually used in the document. If the identity of the appointor is indicated by words in the deed, and confirmed by extrinsic evidence, an application to the court for construction may be possible. However, if this is not the case, an application

This Q&A suggests that the executor of an estate in England and Wales has an existing Enduring Power of Attorney (EPA)/Lasting Power of Attorney (LPA) and that sometime thereafter they may wish for that attorney to deal with the estate administration. It is possible for executors to pass on their role to administer an estate to an attorney of their choosing if they do so before they themselves have intermeddled in the estate and a grant of probate has been obtained in their name. Firstly, they would need to ensure that the attorney is a lawfully constituted attorney. The EPA/LPA would need scrutiny to address

The following assumptions can be taken from this question: first that the individual concerned has been appointed to be an executor of a valid Will; and, secondly, that the person has dealt with the assets of the estate before a grant has been taken out. Executors derive their title from the Will and can do any acts incidental to their office without proving the Will, including paying debts, getting in and receiving the testator’s estate, assenting to a legacy and generally intermeddling with the testator’s goods (see: Acts done by

An executor intermeddles in an estate if they have performed actions relating to the deceased’s estate. By carrying out these actions, an individual accepts the role of personal representative (PR) even if they do not wish to act in that capacity. This means that the individual risks being liable for their actions in respect of the estate. One of the main consequences

We assume that the ‘attorney’ referred to in this question is an attorney under a lasting power of attorney (LPA) for property and financial affairs. We have dealt with the questions in turn as follows: If an executor is aware that an attorney has withdrawn a small amount of money from the deceased's account after the date of death, what is their duty to the beneficiaries of the estate? Must they report the matter to the police? What is the extent

Rule 10(2) of the Non-Contentious Probate Rules 1987, SI 1987/2024 (SI 1987/2024, r 10(2)) explains that the district judge or registrar may give permission for a facsimile copy of the will and any codicil to be marked in lieu of the original.

Rule 10(2) of the Non-Contentious Probate Rules 1987, SI 1987/2024 (SI 1987/2024, r 10(2)) explains that the district judge or registrar may give permission for a facsimile copy of the will and

Other than minors and persons of unsound mind, there is generally no restriction as to whom a testator may appoint as an executor, although it is improbable that