Law of Wills and Succession: Chap 2- Contents of Wills and Administration of Estates

Question 1

What are gifts made in a will called?

Answer 1

Testamentary Gifts

Question 2

Under which act can you find the 2 main rules re gifts in a will?

Answer 2

s24 Wills Act 1837

Question 3

What is a specific legacy?

Answer 3

This is a gift of a particular thing which is identified as belonging to the T: it must be clearly described in the will- e.g. I give my car

Question 4

What is a general legacy?

Answer 4

A gift of an unspecified item, it is a gift of property which isn’t distinguished from other property of the same type, or a gift of an item which T may or may not possess at DoD but which could be purchased to fulfil the gift e.g. I give a car

Question 5

What is a pecuniary legacy?

Answer 5

A general legacy which is a gift of money out of the general estate

Question 6

What is a demonstrative legacy?

Answer 6

a gift of a general nature which is to be paid out of a specified fund rather than out of the general estate. e.g. I give £200 out of my Barclays bank account

Question 7

What is a residuary legacy?

Answer 7

A gift of the residuary estate which is the amount left after any debt have been paid and all other gifts have been distributed

Question 8

Which two acts govern the order in which debts, legacies and residue are paid?

Answer 8

1) Administration of Estates Act 1925 and the Administration of Insolvent Estates of Deceased Persons Order 1986

Question 9

When an Estate is Insolvent, what is the name for the process of deciding which gifts should be paid and which shouldn’t be paid?

Answer 9

Abatement

Question 10

Under which act does the D’s share of joint assets does form part of the estate?

Answer 10

S421a Insolvency Act 1986

Question 11

When an Estate is solvent, which act governs the order of payment of debts?

Answer 11

S34(3) Administration of Estates Act 1925

Question 12

What is a Contingent gift?

Answer 12

a gift that is subject to a precondition, which must be met before the named beneficiary can inherit the gift

Question 13

What is a vested gift?

Answer 13

a gift without any precondition

Question 14

From what age can a beneficiary provide valid receipt?

Answer 14

18 years of age

Question 15

What is meant by the term ‘ademption’?

Answer 15

This is when a specific git will fail if the subject matter of the gift no longer forms part of the T’s estate at DoD

Question 16

What happened in Durrant v Friend 1852 re gifts

Answer 16

a gift of personal effects which were lost when the T drowned at sea: the gift failed; it addeemed

Question 17

Which gift does ademption not apply to?

Answer 17

general gifts

Question 18

What was the conclusion in Rokkan v Rokkan 2021?

Answer 18

Ademption of a specific gift by will may occur even when a change in personal assets was made by T at a time when they lacked capacity.

Question 19

Explain when the lapse of a gift will occur?

Answer 19

Any gift will lapse if the beneficiary dies before (predecease) the T, because a will is effective only when the T dies. Until that time, the beneficiary has no interest in the property and cannot benefit under the will if they predecease the T.

Question 20

Which Act provides an exception to the general rule of lapse?

Answer 20

s33 Wills Act 1837

Question 21

Under what circumstances can a lapsed gift be saved?

Answer 21

A gift can be saved where the beneficiary named in the will is a child or remoter direct descendant i.e. a grandchild

Question 22

Which act states an executor may be paid a reasonable amount for their professional services in administrating the estate even if there is no charging clause.

Answer 22

Trustee Act 2000

Question 23

What does s29 Trustee Act 2000 not provide for?

Answer 23

it doesn’t provide for a sole executor to be paid for their professional services.

Question 24

What was decided in Re S’s Estate [1968]?

Answer 24

The court held that a woman who was serving a prison sentence for her husband’s manslaughter could not act as the executrix of his estate.

Question 25

Under which Act can an additional PR be appointed as a safeguarding measure?

Answer 25

S114(4) Senior Courts Act 1981

Question 26

Which act creates a chain of representation where an executor who obtains a GoP but passes before the administration is complete?

Answer 26

s7(1) Administration of Estates Act 1925

Question 27

When is the chain of representation broken?

Answer 27

1) an executor dying intestate
2) a testator failing to appoint an executor in a will
3)a sole executor failing to accept the office

Question 28

Where a person does not wish to act as Executor what must they do under s5 of the Administration of Estates Act 1925

Answer 28

They must renounce

Question 29

What was said in Long and Fever v Symes and Hannam 1832 about intermeddling?

Answer 29

A person may intermeddle in the estate without any authority under the will and may be personally liable for carrying out these actions.

Question 30

What is an intermeddler known as?

Answer 30

executor de son tort

Question 31

What is the alternative to renouncing as an executor?

Answer 31

Powers Reserved

Question 32

Administration with Will Annexed applies if there is a valid will and: …….

Answer 32

1) there is no executor named in the will at all;
2) the executor has died before obtaining a grant;
3) the executor named doesn’t want to act.

Question 33

Which Act lists who is entitled to apply for a Grant of Probate, or a Grant of letters of Administration with the Will Annexed?

Answer 33

r20 Non- Contentious Probate Rules 1987

Question 34

Which Act details when an Affidavit is required?

Answer 34

r12 Non-Contentious Probate Rules 1987

Question 35

What are the main responsibilities of the PR pre grant?

Answer 35

-establish whether or not the deceased left a will
-contact all relevant financial institutions (banks etc) to advise them of the death and obtain values of assets and liabilities; obtain valuations of any house, chattles, etc
-advise beneficiaries of their entitlement
-prepare inheritance tax forms, arrange payment of appropriate tax and apply for the grant

Question 36

What are the main responsibilities of the PR post grant?

Answer 36

-collect in the assets
-pay liabilities
-prepare estate accounts, setting out details of all sums received and paid out, for beneficiaries to approve
distribute the estate