Personal Representatives Flashcards

(7 cards)

1
Q

What types of personal representatives exist?

A
  1. Administrator
  2. Executor (by will)
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2
Q

What duties do PRs owe?

A
  1. Get grant of representation
  2. collect assets
  3. size beneficiaries entitlement
  4. Administer estate according to law
    - Dispose residue
    - Pay debts + gifts
    - Duty of good faith
    - Duty of care (reasonable care + skill based on expertise)
    - Due diligence
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3
Q

What is required for renunciation of PRs’ powers?

A

1) In writing
2) Signed
3) Witnessed

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4
Q

PR wants to renounce - process

A

CANNOT HAVE INTERMEDDLED

PA15 Form + witnessed signature to HMCTS

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5
Q

Options for a PR who is abroad temporarily?

A
  1. Renounce obligation
  2. Powers reserved (written notice and temporarily not act)
  3. Continue to manage but leave daily obligations to other PR
  4. Appoint solicitor to act in their replacement for time being under instructions
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6
Q

What is PR responsibity

A

distribute estate according to law

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7
Q

PR defence for devastating claim

A

Acted honestly and reasonably

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