Chapter 19: Beneficiaries' Rights and Remedies

Question 1

Beneficiaries have a chose in action. What is this?

Answer 1

The right to have the deceased’s estate properly administered

Question 2

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

Answer 2

No until the estate has been properly administered

Question 4

Can a beneficiary bring an action against a PR?

Answer 4

Yes, but the PR will not be liable if they acted honestly, reasonably and ought fairly to be excused

Question 5

What is a tracing claim?

Answer 5

• 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