Probate in Action Flashcards
Probate in Action
Intermeddling
1
Participating in probate without authority (“Executor de son Tort”)
Humanitarian acts are not intermeddling
Probate in Action
Letters of Administration
1
The grant to administer the estate in intestate scenario
Probate in Action
Administrators Order of Priority
First 6 and last
1.Surviving Spouse
2.Children of Intestate (issue of any child who predeceased intestate)
3.Parents
4.Brothers/sisters of whole blood
5.Brothers/sisters of half-blood
6.Grandparents
(last is Treasury Solicitor)
Probate in Action
Administration with Will Annexed
1
There is a valid will BUT No Exec named, Exec died before Grant, Exec declines to act
Probate in Action
Citation
1
A way to try and advance the estate administration by forcing the party with the Grant to act
Probate in Action
Administration of Estates (Small Payments) Act 1965…threshold for no Grant Required
What amount of GBP
£5,000
Probate in Action
Situations when a Grant is not Required
5
- Small Payments
- Pensions
- Life Assurance Policies
- Life Interests
- Statutory Nominations
Probate in Action
Intestacy if no children or remoter issue..what does the spouse take?
1
Entire Estate
Probate in Action
Intestacy if there ARE children or remoter issue..what does the spouse take?
3
1.Statutory Legacy of 270k
2.Personal Chattels
3.Half of Residuary Estate
(children take remainder per stirpes)
Spouse must survive intestate by 28 days
Probate in Action
Administration of Estates Act 1925 Powers
4
- Alienation of Property
- Appropriation
- Appropriation of Trustees of Minors Property
- Postponement of Distribution
Probate in Action
Trustees Act 1925 Powers
2
Maintenance- where property held for a B who’s a minor and carries right to internmediate income, the PRs can apply the interest for the education (etc) of minor
Advancement- as above but they apply Capital.
