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

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2
Q

Do beneficiaries have legal or equitable rights in the deceased’s assets?

A

Not until the estate has been properly administered

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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

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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
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