13.3 Personal Representatives And Interpretation Of Wills

Question 1

What is a personal representative

Answer 1

Persons who administer a deceased individuals estate
They can be executors or administrators

Question 2

If a marriage is dissolved the spouse testator will be

Answer 2

Ineffective unless there is a contrary intention included within the will

Question 3

Renunciation is valid when

Answer 3

A person named as an executor can renounce their rights to a grant of probate provided that they have not accepted office

Question 4

An executor accepts office by

Answer 4

Taking a grant of probate or by intermeddling in the estate ie doing something which shows an intention to accept the office

Question 5

Examples of intermeddling are

Answer 5

Selling assets of the deceased
Paying debts
Carrying on the business of the deceased

Question 6

Examples which are not intermeddling include

Answer 6

Arranging the funeral
Insuring the deceaseds assets
Gathering and pursuing the deceased papers

Question 7

Requirements of a valid renunciation of exectorship

Answer 7

Must be in writing
Signed by the executor
Contain a statement that the person has not intermeddled
Signed by a disinterested witness
Filed to the private registry

Question 8

Power reversed of an executor

Answer 8

Not involved for now in the execution of the will but could be in the future

Question 9

Specific legacy

Answer 9

Gift of property forming part of the testator’s estate at death
Distinguished in the will from the property

Question 10

General legacy

Answer 10

Gift of property not distinguished in the will from other property

Question 11

Demonstrative legacy

Answer 11

General legacy (gift of property that has not been distinguished) payable out of a specific designated fund

Question 12

Pecuniary legacy

Answer 12

Gift of money which may be specific general or demonstrative

Question 13

Residuary legacy

Answer 13

The residue of an estate which is left after all debts liabilities etc have been paid

Question 14

Ademption

Answer 14

Gift has failed no longer part of the testators estate, or is subject to a binding contract to sale or no longer meets the description in the will

Question 15

Failure of gifts to witnesses

Answer 15

A gift in a will will fail if the beneficiary or beneficiary’s spouse or civil partner witnesses the will. The will itself will remain valid

It will not fail if there are two other valid witnesses

Question 16

Children in a will includes

Answer 16

Illegitimate and adopted children but not step children