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

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

Personal representatives (PRs) should have no reason to be liable for losses to the estate, and it is possible to take actions to protect themselves from the consequences...

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
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