Rights of Beneficiaries + PR duties

Question 1

How long do PR duties last?

Answer 1

Indefinitley

Question 2

Main duties of PR’s ?

Answer 2

• get a grant of representation
• collect assets
• identify each beneficiary’s entitlement
• distribute assets + remainder per will/intestacy

Question 3

What is a devastavit claim?

Answer 3

action by beneficiarie or creditors against PR for breaching duties

Question 4

Process to protect against unknown beneficiaires?

Answer 4

• Wait 2 months before distributing estate
• notice in London Gazette/newspapser stating their intention to distribute and anyone who wants to make a claim should come forward
• after 2 months -> distribute estate
• claims after 2 months - claim by beneficiaries

Question 5

Process to protect against missing beneficiaires?

Answer 5

take every effort to look for them - still cannot find, apply to court for Benjamin order (treat them as dead + permission to distribute)

Question 6

Process to protects against IPDA claimant?

Answer 6

Wait 6 months after grant of representation to distribute estate