Personal representatives

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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...
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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...
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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...
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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....
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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...
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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...
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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...
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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...
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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...
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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Personal representatives content

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...
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2nd Dec
Q&As
For general information, see Commentary: Source of executor's title: Halsbury's Laws of England, Wills and Intestacy [633].In summary, it is the commo...
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30th Nov
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...
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29th Nov
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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29th Nov
Practice notes
ExecutorsGeneralAn executor is the person appointed, ordinarily by the testator by their Will or codicil, to:•administer their property•carry into...
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29th 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...
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29th Nov
Practice notes
Liability for own actsPersonal representatives (PRs) may find themselves liable for their acts or omissions in respect of their dealings with:•third...
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29th 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 >
29th 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...
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29th Nov
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...
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29th Nov
Q&As
Power of court to revoke the grantThe court has the power to revoke both grants of probate and administration'>letters of administration. See section...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 29th Nov
Q&As
A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
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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29th Nov
Q&As
We assume the Q&A is referring to the executors appointed by the Will and that they have either predeceased the testator or renounced probate.It is...
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29th Nov
Q&As
The SRA Handbook defines an undertaking as'a statement, given orally or in writing, whether or not it includes the word "undertake" or "undertaking",...
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Produced in partnership with Adam Draper of Irwin Mitchell LLP 29th Nov
Q&As
Under section 114 of the Senior Courts Act 1981 (SCA 1981), a testator can appoint any number of executors, but a grant of probate cannot issue to...
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29th Nov
Q&As
See Practice Note: Removal, renunciation and retirement of personal representatives by way of background, which states that, in relation to...
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29th Nov

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