An executor will lose their right to renounce probate if they have: • already taken a grant, or • before this, if they have intermeddled in the estate An executor can take certain actions which will not amount

Can an executor serve a section 42 notice? Under the Leasehold Reform, Housing and Urban Development Act 1993 where a tenant had the right to a lease extension immediately prior to their death, the personal representatives (PRs) may serve a section 42 notice in order to exercise the right to extension. The legislation also provides that the PRs may only serve such a notice within two years of the grant of probate or letters

The office of executor is a personal appointment to the executor by the testator and cannot be assigned or transferred to anyone else. An executor who has accepted office cannot later renounce. An executor may appoint another person to act as their attorney to apply for a grant of administration for their use and

An executor derives their title and authority from the Will of the testator and not from any grant of probate. The property of the deceased, including any right of action, vests in them on the testator's death. They cannot obtain a judgment before probate, not because their title depends on probate, but because production of the probate is the only way that they are allowed to prove their title. If several executors are appointed,

We have assumed that there is no express power in the Will as to the appointment of trustees. Appointment of trustees The relevant ways in which new trustees may be appointed are as follows: • under an express or necessarily implied power in the Will or trust instrument • by the statutory power in section 36 of the Trustee Act 1925 (TA 1925) • by the statutory power in TA 1925, s 41 For further information, see Practice Note: Trustees—appointment of trustees. As there is no express power in the Will, the statutory powers need to be considered. Power of appointing new or additional trustees TA 1925, s 36 only applies in very specific circumstances. This is where a trustee is dead, remains out of the UK for more than twelve

The professional charges of an executor in non-contentious business are not costs incident to proceedings issued at the court, so are not within the discretion of the court. PRs have the statutory right to reimburse themselves all necessary expenses which includes their reasonable remuneration. Trustee Act 2000, s 29(3) provides: (3) 'Reasonable remuneration' means, in relation to the provision of services by a trustee, such remuneration as is reasonable in the circumstances for the provision of those services to or on behalf of that trust by that trustee and for the purposes of subsection (1) includes, in relation to the provision of services by a trustee who is [a deposit taker] and provides the services in that capacity,

Who should give a legal opinion? Although opinions are usually given by external law firms who are advising the managers or dealers, the issuer or the guarantor (if there is one), an in-house lawyer of the issuer may be in a position to provide a legal opinion. What issues should be covered in the legal opinion? There are general issues which should be covered in a legal opinion, which can vary depending on which party the legal opinion is being produced for. The following are issues which should be addressed specifically in relation to the issuer: • due establishment and existence of the issuer • the issuer's capacity and power to enter into the transaction documents and issue the securities • due

In contrast to a guarantee, an indemnity is a primary obligation on a party to compensate another for loss or damage. Such obligation is entirely independent of the obligation of the party whose covenants are being strengthened by way of the indemnity. It is, in essence, a contractual promise to accept liability for another’s loss. A guarantee on the other hand is a secondary obligation, and the guarantor will only be liable in the event that the party whose obligations are the subject of that guarantee fails to perform their primary obligations. The obligation is usually an obligation in respect of payment, but it can also involve

An expert is defined in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, as ‘a person who provides expert evidence for use in proceedings’ (FPR 2010, SI 2010/2955, 25.2). In addition, FPR 2010, SI 2010/2955, 25.3(1) provides that ‘[i]t is the duty of experts to help the court on matters within their expertise’ (emphasis added). FPR 2010, PD 25D, para 3.11 provides that an application for the court’s permission to put expert evidence before the court must, inter alia, state the discipline, qualifications and expertise of the expert (by way of C.V. where possible). See Practice Notes: • Adducing expert evidence in financial proceedings, in particular the section on ‘Who is an expert?’ • Instructing experts in financial proceedings However,

For the purposes of this Q&A, a ‘dependent’ is a dependent child under the age of 18. If an applicant wishes to apply for leave to remain in a different immigration category to their current grant of leave, this is known as 'switching'. The Immigration Rules for each immigration category set out the immigration categories from which switching is permitted. See Practice Note: Extensions, switching and varying existing applications. Immigration Rules, Part 8, para 319H set out the requirements for a grant of leave to remain as the dependent

If an applicant wishes to apply for leave to remain in a different immigration category to their current grant of leave, this is known as ‘switching’. The Immigration Rules for each immigration category set out the immigration categories from which switching is permitted. See Practice Note: Extensions, switching and varying existing applications. Immigration Rules, Part 6A, para 245DD set out the requirements for a grant of leave to remain as a Tier 1 (Entrepreneur). Immigration Rules, Part 6A, para 245DD(e) states: • ‘(e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain: (i) as a Highly Skilled Migrant, (ii)

If the individual wishing to delegate authority is mentally capable then they could delegate authority to sign an agreement using a general power of attorney under section 10 of the Powers of Attorney Act 1971. For guidance on creating a general power of attorney and the scope of the attorney’s powers under such an arrangement, see Practice Note: Ordinary powers of attorney. A general power of attorney will be automatically revoked by the mental incapacity of the donor and so, if the donor is mentally incapable, it will be necessary to