Will III PR and Grant of Probate Flashcards
Who can become personal representative:
A testator may appoint any person:
if the executor is a spouse and they later divorce, the appointment becomes ineffective (death)
Explain renunciation of appointment of personal representation
a nominee can renounce their right to a grant of probate given they have not accepted office or intermeddled (doing something that shows they’ve intermeddled)
The office is all or nothing.
Renunciation must be filed at the Probate Registry)
Renunciation does not affect truseeship.
Explain the administration of the estate with power reserved
An executor who does not wish to act in the administration of the estate can have power reserved, meaning that they won’t be involved for now, but if the circumstances change, they can apply for a grant of probate later.
What is a grant of representation
a legal document which confirms a person’s right to administer the estate of a deceased person.
The power of executors to act for the estate actually comes from the will and the grant merely confirms this power.
Jurisdiction of probate in the courts of E&W:
for non-contentious probate, it is handled in the Family Division of the High Court
otherwise it is handled in the Chancery Division of the High court or the county court if the estate is below 350k
PR power to acquire estate before probate
Under non-contentious probate rules and upon production of a Death Certificate, PR may be able to obtain payments of =<5000 from banks (at their discretion)
Chattels can be sold by a PR merely by producing a death certificate (jewellery, furniture, clothing and cars)
Order of preference for letters of administration with will annexed
If the deceased had a will but there’s problem with the appointment of an executor:
1) Trustee of the residuary estate
2) other residuary beneficiary
3) PRs of the residuary beneficiaries
4) other beneficiaries or creditor of the estate
5) PRs thereof.
Define Clearing off
a person applying at a lower order of entitlement must clear off anyone who has a higher entitlement to a grant of letters by confirming in their application that such persons have renounced
Special rules for a minor beneficiary
two administrators must be appointed.
Explain a grant de bonis non
grant de bonis non is a second grant of letters made if the sole or last surviving PR dies.
No grant de bonis non is needed if the PR has died but has left a PR of their own (chain representation)
Can a minor take a grant?
Minors cannot take a grant. if a minor is one of several PRs, a grant will be made to the adults with power being reserved for the minor. (if minor is only PR, to minor’s parents until age of majority)
