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SMH Legal
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Decks in this class (29)
Validity of wills and how property passes on death
The requirements of a will
Professional Conduct issues arising out of the preparation of wills
how property passes on a person's death; and challenging the validity of deceased person's will.
35
cards
Establishing Entitlement
• The validity of a will and interpratation of the contents of a will. The distribution of testate, instate and particular intestate estates.
• The interpretation of wills.
• Effect of different types of gifts
• Failure of gifts.
28
cards
The appointment of executors- FS
Who is a personal representative ...,
What is the difference between an...,
When does an administrator act in...
22
cards
Renunciation of Power (Personal Representatives)- FS
What does it mean when an executo...,
Can a person be compelled to act ...,
When is an executor no longer all...
10
cards
Reservation of power-FS
What is the legal source of an ex...,
What does section 41 of the admin...,
Under what condition is an execut...
43
cards
Codicls & Alterations (Alterations and amendments to Wills)- FS
When is an alteration to a will m...,
What is the legal presumption reg...,
Under what statutory provision ar...
31
cards
Methods of Revocation- FS
What are the three legal methods ...,
Under section 20 of the wills act...,
What happens if a later will does...
15
cards
Rectification & Establishing the testator's intention (The interpretation of Wills)- FS
What is the primary objective of ...,
What is the default rule regardin...,
Under what statutory provision ca...
30
cards
Effect of different types of gift (The interpretation of Wills)- FS
What are the two fundamental cate...,
What is a devise and who is the r...,
What is a legacy and who is the r...
15
cards
Ademption and abatement, Failure of gifts- FS
What happens to a gift in a will ...,
What is the consequence of a fail...,
What is one reason a gift might f...
29
cards
Lapse, disclaimer, forfeiture (Failure of gifts)- FS
What is the legal consequence whe...,
How does section 184 of the law o...,
What is a survivorship clause in ...
8
cards
The Intestacy Rules- FS
What is intestacy and when does i...,
What are the three forms of intes...,
Who is responsible for administer...
34
cards
Property passing outside the estate- FS
What types of property are not go...,
What is the principle of survivor...,
How does joint tenancy differ fro...
31
cards
GRANT OF REPRESENTATION- FS
What is a grant of representation...,
From where does an executor s aut...,
What are the two purposes served ...
16
cards
The relevant provisions of the Non-Contentious Probate Rules-FS
What do the non contentious proba...,
What must an applicant do under r...,
Who ranks first in the order of p...
10
cards
Non-Contentious Probate Rules (Rule 22) (Grants of representation)- FS
What is rule 22 of the non conten...,
What is the correct grant where t...,
Rule 22 order of priority for app...
8
cards
Contentious Probate- FS
What is contentious probate 1,
What are the two procedural tools...,
What is a caveat in probate proce...
15
cards
Application procedure (Grants of representation)- FS
What are the three main types of ...,
What is definition grant of repre...,
List 4 key steps in the applicati...
8
cards
Affidavit evidence required for grant (Grants of representation)- FS
What is an affidavit in the conte...,
Four situations where affidavit e...,
What is affidavit of due execution 3
8
cards
Forms PA1P and PA1A (Grants of representation)- FS
When is form pa1p used in probate 1,
When is form pa1a used in probate 2,
What is a grant of letters of adm...
8
cards
Valuation of assets and liabilities (Grants of representation)-FS
Why must personal representatives...,
What is the definition of residua...,
What types of professionals may p...
7
cards
Excepted estates (Introduction and 'small' estates) (Grants of representation)- FS
What are the two inheritance tax ...,
What is definition accepted estate 2,
What are the two categories of ac...
14
cards
Date for payment of IHT (Grants of representation)-FS
What is the general deadline for ...,
What is the consequence of failin...,
Categories of property eligible f...
8
cards
Methods of funding the initial payment of Inheritance Tax (Grants of representation)- FS
What is the general rule regardin...,
What is the definition of direct ...,
List documents required for the d...
8
cards
Burden and incidence of Inheritance Tax (Grants of representation)- FS
What is the difference between li...,
Definition personal representativ...,
List property types that trigger ...
7
cards
Duties of personal representatives (Administration of estates)- FS
What is the primary statutory dut...,
Definition devastavit 2,
What is the legal test for devast...
8
cards
Liabilities of personal representatives and their protection (unknown beneficiaries) (Administration of estates)- FS
Under what condition can a person...,
What are the legal criteria for r...,
Does a personal representative re...
8
cards
Liabilities of personal representatives and their protection (Known beneficiaries) (Administration of estates)- FS
What are the four options availab...,
Definition of benjamin order 2,
What are the risks of relying on ...
8
cards
The sale of assets to raise funds to pay funeral expenses, tax, debts and liabilities- FS
What types of debts and liabiliti...,
What are the three main categorie...,
Definition funeral expenses 2
16
cards
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Wills & Trusts
- 25 decks
- 976 flashcards
- 1 learners
Decks:
Intro To Wills And Trusts, Ethics, Distribution, And more!
