Personal Representatives Flashcards
What are personal representatives (PRs) in the context of estate administration?
PRs include executors who administer estates under wills and administrators who handle intestate estates.
How can a testator appoint an executor?
A testator can appoint anyone to be their executor by naming them in their will.
What happens if a spouse named as an executor subsequently divorces the testator?
The appointment of the former spouse as executor becomes ineffective because the former spouse is treated as having died.
Can a person named as an executor renounce their right to a grant of probate?
Yes, a person can renounce their right to a grant of probate if they haven’t already accepted office. Renunciations must be filed at the Probate Registry.
How can an executor accept office?
An executor can accept office either by taking a grant of probate or by intermeddling (performing actions that show acceptance).
Can an executor partially accept or renounce their office?
No, the office of executor is all or nothing; a person cannot accept some aspects and renounce others.
What happens if an executor renounces their appointment but is also a trustee of the estate?
The renunciation of the executor role does not affect their trusteeship.
What does ‘power reserved’ mean for an executor?
‘Power reserved’ means the executor will not be involved in the administration of the estate at present but can apply for a grant of probate later if circumstances change.
