Administration: Entitlement to the Grant (Executors) Flashcards
What is the maximum number of executors that can be named on a grant of probate?
A. One
B. Five
C. Three
D. Four
D. Four
Explanation: No more than four executors may be named on the grant of probate, even if more were appointed under the will.
Who derives authority to act as a personal representative from the will itself?
A. An executor
B. An administrator
C. A trustee
D. A beneficiary
A. An executor
Explanation: Executors derive their authority from the will itself, although the grant confirms this. Administrators do not have authority until the grant is issued.
A testator appoints one executor in the will. What is the minimum number of executors required to apply for the grant?
A. One
B. Two
C. Three
D. Four
A. One
Explanation: The law requires only one executor to apply for a grant, although it is often practical to have more.
If a named executor lacks capacity, what happens?
A. They cannot act as a personal representative
B. They can apply with help from a trustee
C. They must apply for mental capacity assessment
D. They are automatically replaced by a court-appointed administrator
A. They cannot act as a personal representative
Explanation: A person lacking capacity cannot act as an executor even if named in the will.
A named executor survives the testator but chooses not to apply for the grant. What can happen?
A. They can transfer their right to someone else
B. They can apply under intestacy rules
C. They may have power reserved to apply later
D. They must be removed by court order
C. They may have power reserved to apply later
Explanation: Power can be reserved to an executor who does not wish to act immediately, allowing future application if needed.
What grant is required where the will appoints no executors who are willing or able to act?
A. Grant of probate
B. Letters of administration (with will)
C. Letters of administration
D. Double probate
B. Letters of administration (with will)
Explanation: This grant is used where there is a valid will, but no executor is available to act.
An executor named in a will is under 18 at the time of death. What applies?
A. They can act with adult supervision
B. Their appointment is invalid
C. Power is reserved until they turn 18
D. A trustee must be appointed instead
C. Power is reserved until they turn 18
Explanation: A minor cannot act as executor, but their appointment remains valid. They may apply for the grant once they reach 18.
If a sole executor dies after taking out the grant, and they appointed an executor in their own will, what applies?
A. The executor’s executor may continue under the chain of representation
B. The court must appoint a new executor
C. The estate is frozen
D. Beneficiaries act as executors automatically
A. The executor’s executor may continue under the chain of representation
Explanation: If the sole executor dies and left a will, their executor may take over the original administration without a new grant under s.7 AEA 1925.
A will appoints five executors. All are willing to act. What must they do?
A. Choose four to apply for the grant
B. All must apply
C. Choose one to apply on behalf of all
D. Apply for a court order
A. Choose four to apply for the grant
Explanation: No more than four executors can be named on the grant. The rest can have power reserved.
If a grant has already been issued, and a named executor dies before completing administration, what happens if no others remain?
A. Chain of representation applies if the executor left a will
B. The estate must be abandoned
C. The beneficiaries apply for probate
D. The original grant continues as normal
A. Chain of representation applies if the executor left a will
Explanation: If the deceased executor left a will and appointed their own executor, that executor may complete administration via chain of representation.
What is the correct grant if a person dies intestate and leaves no will?
A. Grant of probate
B. Letters of administration (with will)
C. Letters of administration
D. Executor’s declaration
C. Letters of administration
Explanation: Letters of administration are issued when the deceased dies without a valid will.
What applies if chain of representation cannot operate after the death of the last surviving PR?
A. Grant de bonis non
B. Grant of guardianship
C. Letters of resignation
D. Executor’s grant
A. Grant de bonis non
Explanation: Where chain of representation cannot apply and administration is incomplete, a grant de bonis non is required to appoint new PRs.
