Beneficiaries' Rights and Remedies

Question 1

Does a beneficiary have a legal or equitable interest in the estate assets before administration of the estate is completed?

Answer 1

Neither - they only have a right to have the estate properly administered

Question 2

Who can a beneficiary bring a personal claim against if their legacy falls into the wrong hands? (2 people)

Answer 2

1. PR who failed to administer the estate properly
2. The other beneficiary who wrongly received the legacy

Question 3

A beneficiary can bring a personal claim against a PR, but they will not be liable if they acted in what 3 ways?

Answer 3

1. Honestly
2. Reasonably
3. Ought fairly to be excused

Question 4

What can a beneficiary use against the recipient to recover property which the PRs have wrongly transferred to someone else?

Answer 4

Tracing claim

Question 5

A beneficiary’s right to trace and recover property is lost against who?

Answer 5

A bona fide purchaser