Personal representatives

View Wills & Probate by content type:

Latest Wills & Probate News

Featured Wills & Probate content

Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
Read More >
9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
Read More >
9th Nov
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
Read More >
9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
Read More >
9th Nov
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
Read More >
9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
9th Nov
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
Read More >
9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
Read More >
9th Nov

Most recent Personal representatives content

Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
Read More >
9th Apr
Practice notes
AppointmentExecutors may be appointed:•expressly by Will•impliedly by Will (according to the terms of the Will)•by a person nominated in the Will to...
Read More >
9th Apr
Practice notes
Section 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor, original or by representation, or...
Read More >
9th Apr
Practice notes
The rights of a person appointed as executor by a testator’s Will cease if they:•die without having taken out a grant of probate•fail to appear on...
Read More >
9th Apr
Practice notes
Liability for own actsPersonal representatives (PRs) may find themselves liable for their acts or omissions in respect of their dealings with:•third...
Read More >
9th Apr
Practice notes
Definition of trustsTrusts may be created by:•Will•during the lifetime of the settlorA trust is created where one or more persons (the trustees) are...
Read More >
9th Apr
Practice notes
ExecutorsGeneralAn executor is the person appointed, ordinarily by the testator by their Will or codicil, to:•administer their property•carry into...
Read More >
9th Apr
Practice notes
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...
Read More >
9th Apr
Q&As
Persons who can be appointed executorsUnder section 25 of the Administration of Estates Act 1925, the executor(s) will be under strict duties to...
Read More >
30th Mar
Q&As
The usual position on the death of an administrator after the grant has been issued would be that the surviving administrator(s) would continue to...
Read More >
29th Mar
Q&As
Was the missing executor a professional or lay individual?It is often clear from the description of the individual in the Will whether executors were...
Read More >
Produced in partnership with Ward Hadaway 5th Mar
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
Read More >
3rd Mar
Q&As
Referencing a deceased party on a claim formWhere the claimant is deceased and there is a grant of representation, the claimant will still be the...
Read More >
24th Feb
Q&As
We refer you to Practice Notes: Appointment of personal representatives and Applications for administration'>letters of administration with Will...
Read More >
22nd Feb

Popular documents