Chapter 19: Beneficiaries' Rights and Remedies Flashcards
1
Q
Beneficiaries have a chose in action. What is this?
A
The right to have the deceased’s estate properly administered
2
Q
Do beneficiaries have legal or equitable rights in the deceased’s assets?
A
Not until the estate has been properly administered
3
Q
Can a beneficiary bring an action against a PR?
A
Yes, but the PR will not be liable if they acted honestly, reasonably and ought fairly to be excused
4
Q
What is a tracing claim?
A
- A claim to trace and recover property from PRs or any other recipient of it
- The right is lost against a bona fide purchaser or if it is inequitable to do so