BENEFICIARIES’RIGHTS AND REMEDIES

Question 1

3

RIGHTS

Answer 1

1. A benefciary has a chose in action—the right to have the deceased’s estate properly administered—until it is complet-ed. Until that time, they have no legal or equitable interest in the deceased’s assets.
2. Specifc gift recipients have the right to income accruing from death, and residuary benefciaries have the right to intermediate income whether their interest is immediate or contingent.
3. Contingent pecuniary legacies do not carry a right to income unless the gift is to a child with entitlement at age 18. These income rules can be overridden in the will.

Question 2

REMEDIES

Answer 2

1. Administration proceed-
   ings
2. actions to recover loss

Question 3

actions to recover loss

Answer 3

1. Personal Action Against the PRs
   A benefciary may bring a personal action against the PRs. However, PRs may be absolved under the will or by the court if they acted “honestly, reasonably, and ought fairly to be excused” or by agreement with the benefciaries.
2. Tracing
   The benefciaries have the right to trace and recover property of the estate (or property representing such property) from the PRs or any other recipient of it. This right is lost against a bona fde purchaser or if inequitable to do so.
3. OtherPersonal Actions
   A benefciary may bring a personal action against persons who have wrongly received estate assets.