Administration: PR Unwilling / Unable to Act Flashcards
Which of the following actions would amount to intermeddling by an executor?
A. Attending the funeral
B. Notifying banks of the death
C. Securing the deceased’s home
D. Selling household contents
D. Selling household contents
Explanation: Selling assets like furniture is an act of administration, not merely securing the estate, and constitutes intermeddling. This prevents the executor from later renouncing.
What is the effect of an executor renouncing probate?
A. The executor can apply for probate anytime later
B. The executor retains the right to reserve power
C. The executor can change their mind at any time
D. The executor’s renunciation is final unless court approves retraction
D. The executor’s renunciation is final unless court approves retraction
Explanation: Once an executor renounces their right to act, they cannot act again without a court order
Which of the following cannot be appointed as a personal representative?
A. An adult niece with beneficial entitlement
B. A minor
C. A residuary beneficiary under a will
D. A surviving spouse
B. A minor
Explanation: A minor cannot act as a PR, although their appointment by will is valid. They may act when they reach 18, or another person may act on their behalf.
Under what law can an executor delegate their duties after a grant is issued?
A. Wills Act 1837
B. Non-Contentious Probate Rules 1987
C. Trustee Act 1925
D. Administration of Estates Act 1925
C. Trustee Act 1925
Explanation: Section 25 of the Trustee Act 1925 allows a PR to delegate their functions to an attorney post-grant for up to 12 months.
A testator’s will names A and B as executors. A arranges the funeral and sells a car belonging to the deceased. B does nothing. Who may renounce?
A. Only A
B. Only B
C. Both A and B
D. Neither A nor B
B. Only B
Explanation: A has intermeddled and cannot renounce. B has not intermeddled and may validly renounce their right to act.
A deceased’s will names X and Y as executors. X is 16 years old. Y is applying for a grant. What is the correct course of action?
A. X can apply jointly with Y
B. X can reserve power
C. Y can apply alone with power reserved to X
D. Y applies alone; X can apply once they turn 18
D. Y applies alone; X can apply once they turn 18
Explanation: A minor cannot act as PR until they turn 18. Power can be reserved until they come of age under NCPR.
What happens if all executors appointed by a will are unwilling or unable to act?
A. The estate cannot be administered
B. A grant of letters of administration (with will) will be issued to someone else under NCPR 20
C. An administrator is appointed by the court randomly
D. The next of kin takes out the grant automatically
B. A grant of letters of administration (with will) will be issued to someone else under NCPR 20
Explanation: If no executor can act, someone else (e.g., a residuary beneficiary) may apply under NCPR 20.
A testator appoints A, B and C as executors. A wants to apply for the grant. B wants to delay involvement. C renounces. What is the proper course of action?
A. A applies alone with power reserved to B and C
B. A applies; B reserves power; C renounces
C. A and B apply together; C reserves power
D. A applies and B and C are removed from the process entirely
B. A applies; B reserves power; C renounces
Explanation: This allows A to continue, B to act later via double probate, and C is permanently removed.
A testator appoints her husband as sole executor. They later divorce, and she dies without updating her will. What is the result?
A. The husband acts as executor as appointed
B. The will is void
C. The husband is treated as having predeceased; someone else applies under NCPR 20
D. The court appoints a PR of its choosing
C. The husband is treated as having predeceased; someone else applies under NCPR 20
Explanation: Under s18A Wills Act 1837, former spouses are treated as predeceased unless the will says otherwise.
An executor intermeddles by collecting bank funds and then tries to renounce. What is the outcome?
A. The renunciation is valid
B. They must apply for probate
C. They can reserve power
D. They must act through an attorney
B. They must apply for probate
Explanation: Intermeddling fixes the individual as an executor, making renunciation invalid.
A testator appoints A and B as executors. A dies after taking out the grant but before completing the administration. A’s will appoints C as executor. What is the result?
A. B continues alone
B. A’s executor (C) completes the administration under chain of representation
C. The estate reverts to the Crown
D. A second grant is always required
B. A’s executor (C) completes the administration under chain of representation
Explanation: Under s7 AEA 1925, chain of representation allows the executor of a proving executor to continue administration.
A deceased’s niece is entitled to act under NCPR 20 but lacks capacity. There is no one else in her category. What happens?
A. The court may appoint someone under Rule 35
B. The grant fails and the estate passes to the Crown
C. She must apply using an attorney
D. Her children may apply automatically
A. The court may appoint someone under Rule 35
Explanation: Where someone lacks capacity and no one else in their category can act, Rule 35 allows a court to appoint another person.
