Chapter 6: Personal Representatives Flashcards
What is a personal representative?
A collective noun for executors and administrators
What is an executor?
An executor who administers estates under wills
Can anyone be an executor?
Yes, but they must not be a minor or a person who lacks capacity
Can a spouse be an executor?
Yes, but if the marriage is dissolved or annulled the appointment will be ineffective unless there is a contrary intention in the will
Can a person be forced to accept office as an executor?
- A person cannot be forced to accept office as an executor
- A person can renounce their rights to a grant of probate provided that they have not accepted office
Instead of renouncing their rights, what may a person do if they do not wish to act in the estate administration?
They may choose to have their power reserved
How does an executor accept office?
- Taking grant of probate; or
- Intermeddling in the estate (doing something that shows intention to accept office. E.g. Selling deceased’s chattels)
What formalities are required to renunce executorship?
Renunciation must be:
* In writing
* Signed by executor
* Contain statement confirming intermeddling has not occurred
* Be signed by disinterested witness
* Filed at HMCTS Probate Service (usually by PRs applying for grant)
Once a person has renounced, can the executor reclaim title to probate?
No, unless allowed by the Court
If an executor is also appointed as a trustee, will they remain as a trustee if they renounce the executorship?
Executors who are also appointed as trustees will remain as trustees even if they have renounced the executorship
What is an administrator?
An person who administers estates under intestacy rules
