Administration

Question 1

Spouse’s entitlement depends on them surviving the deceased by

Answer 1

28 days

Question 2

The people permitted by law to administer a deceased’s estate

Answer 2

Personal Representatives (PRs)

Question 3

An executor

Answer 3

A PR appointed by a person’s will. An executor’s authority to act derives from the will itself and the grant of representation acts as confirmation.

Question 4

An administrator

Answer 4

A PR appointed by operation of statute. Where there is a will, but no executor appointed who is willing or able to act, or where the deceased died intestate, a PR will be appointed under the NCPR and is referred to as an administrator. An administrator’s authority to act derives from the grant.

Question 5

The grant of representation

Answer 5

The court order confirming the authority of the PRs to act

Question 6

The grant of representation is an order of the

Answer 6

High Court

Question 7

Role of the PR

Answer 7

to administer the deceased’s estate

Question 8

A PR’s role is

Answer 8

fiduciary

Question 9

To act as a PR, a person must be appointed by either

Answer 9

the deceased’s will or by the NCPR

Question 10

NCPR

Answer 10

Non-Contentious Probate Rules

Question 11

Legal title to the estate lies with the

Answer 11

PRs, by virtue of their appointment

Question 12

What does the Land Registry require before transferring legal title to the PRs?

Answer 12

the grant of representation

Question 13

Order of priority if PRs are not appointed by the will

Answer 13

1. Spouse/civil partner
2. Beneficiaries benefitting from the will
3. Children
4. Parents
5. Siblings

Question 14

If there is an intestacy, how do the PRs hold the estate?

Answer 14

“on trust with a power to sell” (s 33 AEA)

Question 15

The grant of probate is required for estates where…

Answer 15

The deceased left a valid will;
The will appoints executors;
At least one of the executors appointed is going to act

Question 16

NCPR Rule 20 is used for

Answer 16

appointing administrators for A grant of letters of Administration (with will)

Question 17

NCPR Rule 22 is used for

Answer 17

A grant of Letters of Administration (no will)

Question 18

No grant is required for PRs to deal with which 3 types of asset?

Answer 18

Assets which can be distributed under the Administration of Estates (Small Payments) Act 1965
Personal household possessions
Cash

Question 19

Upper financial limit for Administration of Estates (Small Payments) Act 1965

Answer 19

£5,000 per asset

Question 20

For assets which pass outside of the succession estate, the PRs will need to produce:

Answer 20

Death certificate
Any other documentation the asset holder requires

Question 21

Life policies written in trust, discretionary pension lump sums nominated for a third party, and other nominated assets

Answer 21

Once PRs have produced the death certificate, these funds would be payable to the named beneficiary

Question 22

obligation to follow funeral wishes set out in a will

Answer 22

moral, rather than legal

Question 23

the PRs have a duty to preserve

Answer 23

the value of the estate

Question 24

Can a copy of the will be used to obtain a grant?

Answer 24

No, a copy is not sufficient unless special permission has been obtained from the Probate Registry

Question 25

Once the grant is issued, the will is a

Answer 25

public document

Question 26

Who does S 27 Trustee Act 1925 provide protection against?

Answer 26

provides the PRs with protection against unknown beneficiaries ONLY, not missing beneficiaries

Question 27

Who does S 27 Trustee Act 1925 protect?

Answer 27

PRs only, not the estate beneficiaries