Personal representatives

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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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26th Oct
Practice notes
CORONAVIRUS (COVID-19): Some of the formal requirements for a valid Will in Scotland have been relaxed during the coronavirus pandemic. See News...
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Produced in partnership with Jacqueline Leslie 13th Oct
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 Oct
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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8th Oct
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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8th Oct
Practice notes
Nature of dutiesThe difference between a duty and a power is:•the performance of a duty is obligatory•powers are to a greater or lesser degree...
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29th Sep
Practice notes
Many individuals have international connections that need to be considered when advising on succession planning. For example, they may have been born...
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Produced in partnership with Russell-Cooke Solicitors 28th Sep
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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26th Sep
Practice notes
Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
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26th Sep
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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25th Sep
Practice notes
Creation by transfer of property to trusteesIn practice trusts will frequently be created by a settlor transferring assets to independent trustees on...
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25th Sep
Practice notes
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion...
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25th Sep
Practice notes
By this stage, the draftsperson will have met the client to take instructions and obtained all the relevant information regarding their circumstances....
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25th Sep
Practice notes
In order to validate their Wills testators dying before 1 January 1964 must have followed the execution formalities set out in the Wills Act 1837 (WA...
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25th Sep

Most recent Personal representatives content

Q&As
Who is entitled to administer the intestate wife’s estate?A grant of administration is required where the deceased died intestate. The order of...
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28th Sep
Q&As
The duties and powers of personal representativesThe duty of personal representatives is to collect and get in the real and personal estate of the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
The powers relating to the remuneration of personal representatives are contained in section 28 and section 29 of the Trustee Act 2000 (TrA 2000). As...
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28th Sep
Q&As
The practical implications of being house-bound for a personal representative (PR) will largely depend on the types of assets in the estate and what...
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28th Sep
Q&As
Executors’ authority to actThe authority of executors appointed under the deceased’s Will derives from the Will itself rather than the grant of...
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28th Sep
Q&As
For the purposes of this Q&A, we have assumed that no grant was made to the sole executor who has lost capacity. It is further assumed that the Q&A...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
This Q&A assumes that the executor who has lost capacity had obtained a grant of probate and had partially administered the estate.The new application...
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28th Sep
Q&As
Where a number of executors have been appointed by a Will and probate has been granted to one or some (not more than four) but not all of them then,...
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28th Sep
Q&As
Executors have a duty to secure and protect estate assets—see Practice Notes: Securing and protecting assets and Personal representatives—powers,...
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28th Sep
Q&As
Persons who are entitled to a grant to an estate can choose not to take out that grant. It would be unusual for those entitled to take out...
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28th Sep
Q&As
An executor, like any other personal representative, has a duty to act diligently and in the best interest of the estate and the beneficiaries. This...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Practice Note Probate actions—citations explains that where an executor is appointed by a deceased testator and that executor refuses to administer...
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Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
SummaryIf the Will is silent on appropriation, the statutory power of appropriation will apply, enabling chattels to be appropriated to the residuary...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
The wording that you are looking for is contained in all our Precedent: Wills at clause 3.3. It says:'As trustees of...
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28th Sep
Q&As
This scenario gives rise to a few different interpretations.The deceased owner paid the garage in kind using the car, so that title to car passed to...
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28th Sep
Q&As
Q&A: If an individual is appointed as executor and trustee and decides to have power reserved to them are they still a trustee of any o...
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28th Sep
Q&As
The powers relating to the remuneration of personal representatives are contained in sections 28 and 29 of the Trustee Act 2000. As a rule, the office...
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28th Sep
Q&As
The role of executor and trustee are separate legal appointments but often confused.The executor appointed under the Will is charged with protecting...
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Produced in partnership with Adam Draper of Shoosmiths 28th Sep

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