The law, and practice regarding PRs and trustees in the admin of estates and consequent trusts. The rights, powers, and remedies of beneficiaries of wills and consequent trusts

Question 1

Beneficiary or creditor dissatisfied with the admin of the estate MAY?

Answer 1

want to take action against the PR.

Question 2

Beneficiary or creditor dissatisfied with the admin of the estate MAY want to take action against the PR.
In such circumstances, the beneficiaries has the following rights:

Answer 2

Action to prevent the issuing of the grant.
Action to compel the issue of a grant.
Seek an order to pass over a person unwilling to act as executor in favour of another person.
The right to compel due administration such as –
To keep accurate accounts, receipts, and records.
Application for admin proceedings such as guidance on the performance of a duty.
Action against the PR for breach of duty.

Question 3

A PR can have a number of defences from a claim by a beneficiary or creditor:
s.61 TA 1925 provides?

Answer 3

that the court CAN relieve a PR of personal liability if they acted honestly and reasonably and ought fairly to be excused.

Question 4

Exclusion clauses in a will may?

Answer 4

limit or exclude a PRs liability.

Question 5

Acquiescence of a beneficiary who has full knowledge of the facts of the breach and?

Answer 5

consented to the breach, CAN’T bring a claim against a PR.

Question 6

s.27 TA 1925?

Answer 6

protects PRs from liability if the procedure regarding advertisements have been followed.

Question 7

If a PR distributes assets to someone not entitled, a beneficiary CAN:

Answer 7

Bring a proprietary claim on the assets (a right in rem) UNLESS the person is a bona fide purchase for value without notice
OR bring a personal claim for compensation against the wrongful recipient of assets paid by the PR.

Question 8

Where a PR has been appointed to the role of trustee by the will OR?

Answer 8

operation of the intestacy rules, they will become a trustee following an assent or at the end of admin.

Question 9

Assent is the act by the PR of a deceased person’s estate of?

Answer 9

transferring a legacy or all or part of the residuary estate to a beneficiary.

Question 10

Following the distribution and winding up of the estate they may continue as trustees to?

Answer 10

manage any trust expressly written into the will itself.

Question 11

Statutory and common law duties, powers, and liabilities applicable to trustees and beneficiaries will apply to?

Answer 11

any consequent will trust.