Administration of Estates Act 1925

Question 1

Section 5

Answer 1

An executor has the right to renounce

Question 2

S7 (1)

Answer 2

A chain of representation is created when the executor dies before they finish administering the estate.

Question 3

S33

Answer 3

On death of intestate, all property is placed in a statutory trust. All funeral costs, administration fees, debts etc are paid before the balance is distributed under the Statutory order of entitlement.

Question 4

S34 (3)

Answer 4

Sets an order of how legacies and debts should be paid in a solvent estate.

Question 5

S41

Answer 5

The personal representative’s of the intestate can appropriate property to satisfy any beneficiaries share of the estate as long as the property is equal to or less than the share the beneficiary is going to receive.

Must be done within 12 months

Question 6

Sch 2 Intestates Estates Act 1952

Answer 6

Provides that the spouse or civil partner resident in the family home can require that the personal representative appropriate the family home to satisfy their share of the estate the value of the property is higher, and equality money must be paid by the beneficiary.

Question 7

S46

Answer 7

Sets out the order of people to inherit if the deceased died intestate. Now amended by inheritance and trustees powers act 2014.

Question 8

S46 (2a)

Answer 8

Provides all benefits in favour of the surviving spouse or civil partner are subject to them surviving the intestate by 28 days starting from the date of death.