Wills

Question 1

Define testate, intestate and partially intestate and list their consequences?

Answer 1

Testate - has a valid will that covers all their assets - assets will be distributed according to the will.
Intestate - does not have a valid rule thus intestacy rules apply
Partially intestate - has a valid will covering some of their assets but not all. Will applies to the assets covered but intestacy rules will apply to the rest.

Question 2

What are the main types of property which will not pass to the succession estate?

Answer 2

1. Donationes morris causa - gift made in contemplation of death.
2. Discretionary pension scheme benefits
3. Insurance policy if written in trust. (Simple life insurance will pass)
4. Statutory nominations
5. Beneficial co-ownership
6. Other beneficial interest in trust property.

Question 3

Define non-dispositive clause and give a few examples.

Answer 3

Non-dispositive clauses - do not dispose of the testators property.

These are clauses for example, that appoint executors, grant powers, funeral wishes ect.

Question 4

What makes a will valid?

Answer 4

For a will to be valid it must

1. follow all the formalities
2. The testator must have had the capacity to make the will and know what was in the will and
3. Intended to make the will.

Question 5

What are all the formalities that need to be followed for a will?

Answer 5

A. Must be in writing
B. Signed by the testator or by some other person in the testator presences and by his direction.
C. The testators signature appear to have intended to give effect to the will.
D. The signature is made or acknowledge in the presence of two or more witnesses
E. Each witness attests and signs or signs in the presence of the testator.

Question 6

What is attestation and how does it differ for the blind or illiterate?

Answer 6

Attestation is the process of confirmations that the signature on the will has been witness according to the provisions of S9.

Attestation is optional unless the testator is blind or illiterate in which case you must attest that the will was read out to the testator.

Question 7

Explain testamentary capacity

Answer 7

Testamentary capacity is the mental ability to make a will.

• The testator must be 18 and be seen to have understood what they were doing and what their implication are when they signed the will.
• There is a legal presumption that the testator has testamentary capacity but this can displace with evidence that this was not the case.

Question 8

What is the Bank V Goodfellow test

Answer 8

The test for whether there was testamentary capacity:
1. Did the testator understand the nature of the will and the effects?
2. Did the testator under the extent pd the property they were disposing by the will? I.e. types of property and value.
3. Did the testators understand the claims to which they ought to give effect? - did they consider everyone they ought to consider.

Question 9

Can you pass the Banks V Goodfellow test when you suffer from delusions?

Answer 9

Yes, as long as your delusions does not affect the elements needed to pass the test.

Question 10

When must a testator have testamentary capacity?

Answer 10

At the time the will is executed.
Exception - Had TC at the time they gave instructions to prepare the will and the will prepared in accordance to instructions and at the time of execution they understood they were signing a will they previous given instruction for.

Question 11

Explain the intention requirement and how it differs for the blind and illiterate.

Answer 11

The T must have intended to make the will and make the actual will they signed. This intention must be present at execution

The presumption is that the was intention unless displaced by evidence or
1, T is blind or illiterate
2. The will was signed by someone else on the behalf of T
3. There are suspicious circumstance i.e will prepared by beneficiary.

Question 12

Administrative powers - Executors vs Trustees

Answer 12

Executors
- primary duty to administer the estate
- role ends after estate has been distributed
- Must be converted by the power to act

Trustee
- responsible for the management of any trusts that continue following the estate administration
Continuing role for as long as trust exists
Must be conveyed the power to act

Question 13

What are dispositive clauses?

Answer 13

Clauses that disposes of property
- directs who is to inherit asset
- what each person should receive
- and on what terms

Question 14

How should specific gifts be disposed?

Answer 14

Must be drafted precisely and item must be identified clearly.

Question 15

What if T does not own the item referred to at death?

Answer 15

• Gift fails and B recives nothing unless alternative gift is included.

Question 16

How should collection be written and what should be detailed>?

Answer 16

• collection must be clearly identified.
• can be gifted to an individual or several to be divided as they see fit.
• when division is needed, will should state how agreement should be reached, the time frame for decision to be reach and resolutions of failure to agree within time frame.

Question 17

“All tangible movable property to go to B”

What does this include and not include and what type of clause is this

Answer 17

• specific gift clause
• to avoid them being given away as residue a specific clause is needed
• includes, vechiles and pets
  Excludes - money, items used for mainly business or solely investment.

Question 18

When is there a conflict in the will with clauses concerning chattels and how are they resolved?

Answer 18

When a will contain specific gifts and also a gift of chattels - there would be a conflict if both clauses attempted to give away the same items
Specific gifts and collections are placed before gift of chattels and the specific gift will apply first.

Question 19

What are pecuniary gifts and how can they be written.

Answer 19

Gift of money and can be specific or general

Question 20

What is a residuary gift?

Answer 20

Gift of all of the T property (that forms the succession estate) which has not already been disposed of

Question 21

What happens if the residuary clause fails? How can one mitigate the risk?

Answer 21

There may be partial intestacy.
To avoid residuary clause failing:
- avoid giving separate parts of residue,
- create express substitution clause in the event that original gift does not take effect
- use an ultimate gift over clause where the t specifies who their estate should pass to in the event of all other gifts fails - i.e. a charity

Question 22

When should a trust be made to dispose of residuary legacy

Answer 22

• B is given a life interest in residue
• Discretionary trust of the residue is to be set up
• The residue is given to more than one person
• there are contingent or minor interests

Question 23

Property - date from which the will speaks

Answer 23

The date of T death in respect of identifying the subject matter of a gift

Question 24

Property - contrary intention on date from which the will speaks - how is it shown

Answer 24

Showing with words like ‘my’, ‘now’, ‘at present’ when describing a gift - when these words are used it changes to date of execution

Question 25

Collections - date from which the will speaks?

Answer 25

Collection that is capable of growing will speak from the date of death including the use of my

Question 26

People - date from which the will speaks

Answer 26

To identify the persons who should inherit:
- will is deemed to speak from the date of execution unless the wording in the will shows a contrary intention
- Gift given to class of benefit Ries - must specify how the class will be determined

Question 27

What if there is no express wording for a class of beneficiaries?

Answer 27

Class closing rule applies.
The class closes when the first beneficiary in the class obtains a vested interest.

Question 28

Reliving provisions - what do they do?

Answer 28

• deal with such matters as who should bear the burden of taxes, charges, expenses and costs.
• should be stated expressly if not general rules apply

Question 29

What are the general rules on relieving provisions?

Answer 29

IHT - gifts are made free of IHT and IHT payable out of residue estate.

Expenses/costs of transfer - specific beneficiaries deals with expenses and delivery from date of death.

Charges - B inherits the charge along with the asset.

Question 30

What happens if a meaning of a will/clause is unclear pr ambiguous?

Answer 30

Courts will rule how it is to be construed. The overriding principle is that T intention should be given effect
Extrinsic evidence may be allowed to help with construction.

Question 31

When can extrinsic evidence be submitted?

Answer 31

A. If the will or any part of it is meaningless
B. If the language used in any part of it is ambiguous on the fact of it
C. If the will is ambiguous in light of the surrounding circumstances.

Question 32

Vested interests - when does this happen?

Answer 32

A gift vests if it is:
1. Given outright and absolutely AND
2. There are no conditions which must be met.

Question 33

What are contingent interests?

Answer 33

Where a B will have to satisfy a condition before they inherit.

Question 34

What if there is no express substitution clause?

Answer 34

S 33 Will Act may apply to prevent gift from lasting.
Condition for it to apply and what happens:
A. Will contains a devise or bequest to a child or remoter descendent of the T AND
B. The intended B dies before the T leaving issue AND,
C. Issue of the intended B are living at the T death,
Then unless a contrary intention appear by the will, it will go to the issue

Question 35

What is the Cy-prés doctrine

Answer 35

Under s 62 Charities Act 2011 gift can be given to a different charity with a similar purpose where the original gift cannot be given effect - i.e. no longer exists

Question 36

How can a will be revoked

Answer 36

Destruction
- destruction by T of the will with intention to revoke
- destruction by a third party if at the T direction and in their presence.

Revocation by a later will
- an express revocation clause included in a later will

Revocation by a later codicil
- express wording in codicil

Testator subsequent marriage
Testator divorce
An effective alteration

Question 37

What is a mutual will

Answer 37

Where two or more people make wills on agreed terms and then agree that neither of them will amend their will without consent of the other.

If T tries to revoke will without consent - equity will impose a constructive trust over the T property on the terms of previously agreed thus limiting the effect of any new will.

Question 38

What is a mirror will?

Answer 38

Wills of a couple which mirror each other but does not imply an agreement not to revoke the will later - there is no constructive trust imposed

Question 39

When would an individual be able to make a claim under Inheritance (provisions for family and dependents) Act 1975?

Answer 39

If a person feels that a deceased has not made reasonable provisions for them out of their estate, they may make a claim against that estate under IPFDA 1975.

1. The applicant must demonstrate that they fall within a recognised category of potential applicants which include:
   - Spouse/civil partners
   - Children
   - Other persons who were maintained by the deceased.
2. The IPFDA 1975 only applies to the estates of person domiciled in England and Wales at the time of their death.

Question 40

How will the claim be assessed?

Answer 40

Two stage test for IPFDA 1975 claims
1. Did the deceased fail to make reasonable financial provision for the claimant
2. If so, what award should the court make?

Take an objective view on the facts and with reference to section 3 guidelines

Question 41

What are the guidelines for reasonable financial provisions under IPFDA?

Answer 41

Surviving spouse - such financial provision as it would be reasonable in all the circumstances for a husband or wife or civil partner to receive - whether or not that provision is required for their maintenance. There discretion will apply to

1. Surviving spouse who did not remarry
2. Divorce or separated happened within 12 month of T death
3. No order for financial provision had been made or refused in the ancillary proceedings.

Maintenance standard - such financial provision as it would be reasonable in all the circumstance of the case for the applicant to receive for his maintenance

Question 42

What are the pre grant steps?

Answer 42

1. Prepare official copy
2. Arrange funeral
3. secure deceased assets
4. locate will and codicils
5. Establish succession estate and consider the basis of the distribution
6. Identify/locate beneficiaries
7. Prepare Schedule of Assets & Liabilities - Value assets and notify relevant institutions i.e. banks
8. Prepare Schedule of Lifetime transfers
9. Collect assets that can be collected without a grant
10. Calculate IHT due and complete IHT form to account to HMRC (IHT 400)
11. Raise £ to pay IHT2
12. Apply for probate

Question 43

How do you apply for grant of probate

Answer 43

1) Complete online probate application or PA1P where there is a will and PA1A where there is no will.
Signed by applicants (or their legal representative if authorised).

2) Submit documentation to the probate registry:
* Online / PA1P / PA1A
* Original will / codicil
* probate application fee
* £ fee per sealed copy of the grant
[Death certificate may not be required where a professional is submitting the application]

You may also need to provide:
* Affidavit evidence
* Form of renunciation
* Confirm notice of reservation of power was given
* Power of Attorney

Question 44

what are the post grant steps?

Answer 44

1) Notify HMRC about changes to the IHT account using Form C4:
* re extra assets or liabilities
* correction to original valuations
* corrections to amount of relief claimed
* if any additional IHT is due, send the extra £

2) Place s.27 Trustee Act 1925 notice
* protect PRs from claims by unknown creditors / beneficiaries if they distribute the estate after the two month notice period has passed

3) Collect assets
* once PRs have the grant a sealed copy is sent to each asset holder who will put assets into the PRs’ names or close accounts and send cash balance to PRs
* cash is usually collected in a PR or law firm client account

4) Pay debts and distribute estate to beneficiaries, e.g.
* administration costs (includes legal fees, estate IT and CGT liabilities for the administration period)
* specific legacies
* pecuniary legacies
* interim distribution of part of residue
NB: Delay distribution:
* until after s.27 notice deadline expires
* if there is reason to believe an IPFDA claim may arise wait 6 months from the issue of the grant

5) Prepare Estate Accounts
* signed by the PRs and residuary beneficiary(s)

6) Make final distributions to residuary beneficiaries from client account
* PRs expected to complete administration within 12 months of death - known as the ‘executor’s year’.

Question 45

What assets can you collect without grant?

Answer 45

• Within the Administration of Estates (Small Payments) Act 1965
• Proceeds of life policies written in trust
• Discretionary pension schemes
• Statutory nominated property
• Property held as joint tenants
• Donatio mortis causa

Question 46

How do you place a s27 trustee notice?

Answer 46

Place a notice in the law gazette and local newspaper

Question 47

IPDF 1975 - Jurisdiction and timing requirements?

Answer 47

Jurisdictions - deceased must have domiciled in England and Wales.

Timing requirements - claims must have been made 6 months of grant of representation. (court order may extend)

Question 48

IPDF 1975 - who can make a claim?

Answer 48

1. Spouse
2. Former spouse if they have never remarried
3. Cohabitee of 2 years who was in a relationship with deceased
4. Children (includes, adopted, adult and minors)
5. Step children
6. Any other person who was *financially maintained by the deceased immediately before or after their death.
   - must be voluntary payment to reasonable needs not under a commercial contract.

Can bring a claim in high court (Family or chancery) or county court.

Question 49

IPDF 1975 - grounds?

Answer 49

That the distribution of the deceased estate under their will, intestacy or both fails to make “reasonable financial provision” for the applicant.

Question 50

IPDF 1975 - what is the standard to determine whether “reasonable financial provision” has been made?

Answer 50

Spouses:
Surviving spouse standard: what is reasonable in the circumstances for a spouse to receive, whether or not required for their maintenance. (more generous than maintenance standard)

All other applicants:
Maintenance standard: what is reasonable in all the circumstances of the case for the applicant to receive for their maintenance.

When deciding whether the standards are reach the court will apply the statutory guidelines?

Question 51

IPDF 1975 - where else can the surviving spouse standard be applied to other than to the spouse?

Answer 51

Note that a court has discretion to apply the surviving spouse standard where the three following conditions are satisfied:

1. The applicant is a former spouse who has not remarried, or a spouse who is judicially separated from the deceased, and
2. Divorce, dissolution, nullity or judicial separation occurred within 12 months of the death, and
3. No order for financial provision has been made or refused in the ancillary proceedings.

Question 52

IPDF 1975 - There are two sets of common guidelines - what are the common guidelines?

Answer 52

The following guidelines apply to all applicants:

• applicant’s financial resources and financial needs
• financial resources and financial needs of any other applicants
• financial resources and financial needs of any beneficiary of the estate
• obligations and responsibilities the deceased had towards any applicants or
  beneficiaries
• size and nature of the net estate of the deceased
• any physical or mental disability of any applicant or beneficiary
• any other matter the court considers relevant in the circumstances (including the conduct of the applicant or any other person)

When considering financial resources and needs, the court must take into account resources and needs they are likely to have in the foreseeable future

Question 53

IPDF 1975 - There are two sets of common guidelines - what are the specific guidelines?

Answer 53

Application by spouse/cohabitee
* applicant’s age and the duration of the marriage/cohabitation.
* the contribution made by the applicant to the welfare of the family of the deceased, including contribution made by looking after the home or caring for the family

Application by former spouse
If the court exercises discretion to use the surviving spouse standard they will consider, in addition to the two bullet points above:
* what provision the applicant might reasonably have expected to receive in divorce / dissolution proceedings if the couple had ended their relationship at the date of death.

Application by deceased’s child
* the manner in which the applicant was (or might expect to be) educated or trained.

Application by someone treated as a child of the deceased
* the manner in which the applicant was (or might expect to be) educated or trained.
* the basis on which the deceased maintained the applicant, for how long and to what extent
* the extent to which the deceased assumed responsibility for the applicant’s maintenance.
* whether the deceased maintained or assumed responsibility for maintaining the applicant knowing that the applicant was not their child
* the liability of any other person to maintain the applicant.

Application by a person maintained
* the basis on which the deceased maintained the applicant, for how long and to what extent
* whether and to what extent the deceased assumed responsibility for the maintenance of the applicant.

Question 54

IPDF 1975 - What happens if the claim succeeds?

Answer 54

Once the court has decided that the applicant’s claim should succeed, they have wide powers to make a range of orders, which can include lump sum and periodical payments.

Assets subject to the IPFDA order - Court orders may be made in relation to the deceased’s ‘net estate’. This includes:
* deceased’s succession estate
* property over which the deceased had a general power of appointment which was unexercised
* property subject to a statutory nomination or given away as DMC
* deceased’s severable share of a joint tenancy (if ordered under s. 9)
* any property the deceased gave away during their lifetime if covered by the court’s anti-avoidance powers under ss 10 and 11.

Question 55

Inheritance tax (death) steps

Answer 55

Step 1. Calculate cumulative total
Step 2. identify taxable estate
Step 3. Value taxable estate
Step 4. deduct debts/liabilities
Step 5. apply Exemptions and reliefs - this will finally give you the amount liable to tax
Step 6. Identify and apply available Residence NRB
Step 7. Identify and apply available basic NRB and calculate IHT

IHT is at 40%

Question 56

Inheritance tax (death) - How do you calculate cumulative total

Answer 56

Calculation of Cumulative total = total of the chargeable value of all the chargeable transfers made in the 7 years before death.

Chargeable transfers = LCTs and failed PETs.
Chargeable value = the value of a chargeable transfer after exemptions and reliefs have been applied (unlikely to be same figure as amount transferred)

Note - The effect of the cumulative total is to reduce the basic NRB for the death estate. Therefore, if the cumulative total is greater than £325,000 there will be no basic NRB for the estate (assuming no transferred amount).
The cumulative total from Step 1 is taken into account later at Step 7.

Question 57

Inheritance tax (death) - What assets are includes in the taxable estate?

Answer 57

All assets of the deceases except for excluded assets:
- Life policy lump sum written in trust
- Discretionary pension lump sum payment
- If a remainderman dies and the life tenant is still alive, the remainder interest is not subject to IHT
- Discretionary Trust assets on the death of beneficiary –these are not assets in which any beneficiary has a fixed right or interest.

Question 58

Inheritance tax (death) - How is the taxable estate valued?

Answer 58

The assets in the estate are included at their market value on the date of death.

Related property:
If assets owed by spouses or civil partners are worth more when valued together (e.g. because they form a set e.g. share holdings which together give control but separately do not) each party’s share is valued on death as a proportionate share of the combined total.

Jointly owned property:
- The value of a person’s share of jointly owned property is the propionate share of
the whole.
- However, where land or buildings are co-owned (whether as joint tenants or tenants in common)
the proportionate value of the deceased’s share is reduced by 10%. This does not apply where the co-owners are married /civil partners.

Question 59

Inheritance tax (death) - What debts can be deducted?

Answer 59

Any debts they owed ON THE DATE they died (thus not after) - except for funeral expenses.

Question 60

Inheritance tax (death) - what exceptions and reliefs can you apply?

Answer 60

Exempt beneficiaries - 100% relief for the share the charities and spouses

Exempt Assets - business or agriculture assets

Business at 100%
- if the transferor is transferring a business or an interest in a business AND the transferor has owned the business as sole proprietor/been a partner for at least 2 years OR
- the transfer is shares in an private company

Business at 50%
- Transfer of shares of a public company the transferor has control over or
- transfer of specified assets in a company or partnership the transferor has control over

Agriculture at 100%
- for the transfer of property that the transferor was occupying for at least 2 years prior to the transfer for agriculture purposes
for the transfer of property that was at least for 7 years prior to the transfer occupied for agriculture purposes by another.

Agriculture at 50%
For other specified circumstances

Question 61

Inheritance tax (death) - How do you identify and apply RNRB?

Answer 61

Identify: Can be claimed by
1. a spouse/civil partner who died before them and did not use their RNRB - the unused proportion can be claimed by the survivor’s estate.
2. QRI is closely inherited by a direct (lineal) descendant. - QRI: includes the deceased’s home or interest in their home
- Closely inherited usually means absolutely, rather than by e.g. trust.
- Lineal descendant: includes the deceased’s children and grandchildren but has a wider definition which you should know of.

Apply:
Apply the total RNRB available (£175,000) at 0%

Question 62

Inheritance tax (death) - How do you identify and apply basic NRB and IHT?

Answer 62

Amount of basic NRB is £325,000

Does the deceased have a spouse/civil partner who died before them and who did not use their own NRB at
the time? If yes, the unused proportion can be claimed by the survivor’s estate.

1. Reduce the total NRB by the value of the cumulative total (from Step 1).
2. Apply rate of 0% to the value of the remaining taxable estate up to the total NRB amount.
3. Apply death rate of 40% to the remainder – this is the IHT due.

Question 63

What is a lifetime chargeable transfer?

Answer 63

Question 64

What is a potentially exempt transfer?

Answer 64

Question 65

Steps for calculating (Lifetime)

Answer 65

Step 1. Calculate cumulative total
Step 2. identify value transferred
Step 3. apply Exemptions and reliefs
Step 4. Identify and apply available basic NRB and calculate tax

Last two steps for failed LCTs or PETs
Step 5. Apply Tapper
Step 6 - give credit for tax already paid.

Question 66

Lifetime IHT - Calculate cumulative total

Answer 66

Cumulative total = the total chargeable value of all the chargeable transfers made in the 7 years before the transfer being taxed i.e. chargeable value of any failed PETs or LCTs.

Chargeable value = the value of a chargeable transfer after exemptions and reliefs have been applied – so is unlikely to be same figure as the amount transferred.

The effect of the cumulative total is to reduce the NRB for the lifetime transfer under consideration. The cumulative total from Step A is taken into account later at Step D.

Question 67

Lifetime IHT - how do you value the amount transferred?

Answer 67

The value of a transfer is assessed by reference to the loss to the donor at the date of the transfer.

• If the transfer is cash the loss to the donor will be the same as the amount transferred.
• For other assets, it will be the market value of the item.
• Where there is a transfer for less than full consideration the “loss” to the donor is the difference between
  the price paid and the market value.

Question 68

Lifetime IHT - how do you apply the exceptions and reliefs?

Answer 68

Reduce the value of the transfer by deducting the value of any exemptions or reliefs that apply – the chargeable value is what remains after the exemptions and reliefs have been applied.

Consider the following for lifetime transfers:

1.Spouse/civil partner exemption: 100% of value of the transfer.
2. Charity exemption: 100% of value of the transfer.
3. Family maintenance exemption: uncapped amount–transfer to a child for maintenance, education, or training (full time required if child is over 18), or b) to provide care for dependent relative
4. Annual exemption: £3,000 per tax year (6 April–5 April). Use tax year of gift first, and if more is needed, use of any from previous tax year that is still available – ie. maximum of £6,000
6. Small gifts allowance: £250 per tax year per person (no limit to number of different people).Cannot be combined with any other exemptions / does not apply at all if transfer is more than £250.
7. Normal expenditure from income: uncapped amount. Transfers are exempt provided they are made from income (not capital), part of a regular pattern of giving and do not affect the donor’s standard of living.
8. Marriage exemption: £5,000 if made by parent, £2,500 re grandparent, £1,000 re everyone else. Relief applies per marriage, and per donor.
9. Business at 100%
- if the transferor is transferring a business or an interest in a business AND the transferor has owned the business as sole proprietor/been a partner for at least 2 years OR
- the transfer is shares in an private company
Business at 50%
- Transfer of shares of a public company the transferor has control over or
- transfer of specified assets in a company or partnership the transferor has control over
10. Agriculture at 100%
- for the transfer of property that the transferor was occupying for at least 2 years prior to the transfer for agriculture purposes
for the transfer of property that was at least for 7 years prior to the transfer occupied for agriculture purposes by another.
Agriculture at 50%
For other specified circumstances

Question 69

Lifetime IHT - how do you calculate and apply NRB and tax?

Answer 69

Establish the value of the NRB (and any transferred NRB if calculating IHT due following death of the donor).
Reduce the total NRB by the value of the cumulative total (from Step A).

1. Apply a rate of 0% to the chargeable value of the transfer up to the total NRB amount.
2. Apply the lifetime rate of 20% (LCT when made) or death rate of 40% (for failed PET or re-assessed LCT) to
   the balance to establish the IHT due.

• NRB amount applicable to an LCT when it is first made is the NRB at the date of the transfer. The NRB that
  applies to a failed PET or re-assessed LCT is the NRB amount at the date of death.

Question 70

Failed PETs and LCTs - how do you apply tapper relief?

Answer 70

If there is no tax payable at Step D there is nothing to taper so Steps E and F are irrelevant.
Taper relief reduces the tax charge by a % based on the number of years the donor survived after making the lifetime gift:

Question 71

Failed LCTs - how do you apply credit for tax already paid?

Answer 71

If an LCT is being reassessed following the donor’s death any tax that was paid at the lifetime rate can be deducted from the amount still due after the last step. Only the balance then needs to be paid to HMRC.

If the balance is nil after crediting the lifetime amount already paid, there will be no further tax to pay. It is not possible to obtain a refund for the lifetime payment if the balance is negative.

Question 72

What the difference between executors and administrators

Answer 72

Executors - appointed and transfer of ownership is at death by will

Administrators - derive authority from the grant. They have no authority to act until the grant is issued. ownership is transferred at grant

Question 73

What grant shall one apply for?

Answer 73

if there is a will - Grant of Probate
if there no will but intestacy - grant of letters of administration
if there is a will but others are not willing to act - grant of letters of administration with will annexed.

Question 74

Procedure for grant

Question 75

Administrative powers

Question 76

Excutators powers

Question 77

How to disclaim will? And the conditions consequences about it

Answer 77

Deed of variation