Personal Representatives Obtaining the Grant Flashcards
Types of Grants
Grant of Probate
Grant of Administration
Grant of Probate
Court order allowing executor to administer the estate
Letters of Administration
Court order allowing a intestate estate to be administered Order of appointment given by Rule 22 Non Contentious probate rules Higher category’s must be cleared Grant can not be issued within 14 Days
Letters of Administration with Will Anxed
Court order allowing an estate with a will to be administers where no providing executor order of appoint given by Rule 20 Non contentious probate rules
Where do Powers stem from
Administration of Estates Act 1925
Trustee act 1925 & 2000
Non Contentious Probate Rules
STEP Standard Provisions (where incorporated into a Will)
Maximum number of Executors allowed
S114(1) Senior Courts Act 1981 – provides that a maximum of four may obtain a grant in respect of the same part of the estate.
Do an appointed person have to Act as an Executor
No - Appointed T has chosen but can renounce if unwilling but can reserve powers to step back in but may not renounce and can still be held liable if they intermeddle
What is Intermeddling
Once actions are taken under the powers that affect the estate this is classed as Intermeddling and if actions found to be wrong can be held personally liable for their actions
Can I appoint someone else to administer esrare
No it is a personal office that can not be reassigned -(exclusion can appoint a professional) If unwilling ng must renounce
Professional Appointment to act as executor rule
No more than two in a firm normal to phrase Partners in the firm at the date of my death
How are professional firms paid
Trustee Act 2000 allows remuneration for professionals acting as executors.
Prior to this it was necessary to include a charging clause.
This is still common practice although not strictly necessary.
Who can be appointed as executor
Anyone over the age of 18 of sound mind but excludes a person who is insolvent, Court has powers to pass over anyone not suitable (s116 Senior Courts act 1981)
Maximum number of Executors allowed
S114(1) Senior Courts Act 1981 – provides that a maximum of four may obtain a grant in respect of the same part of the estate.
What happens if the executor dies during administration
S7(1) Administration of Estates Act 1925 , Executors executor represents both his estate and the original Testators estate
What is deemed as acceptance of executor/Administrator
If probate is applied for or they do anything with the estate i.e. collecting assets or paying debts - Trivial act not include i.e. arranging the funeral
