Wills (FLK2)

Question 1

What is one example of the right of beneficiaries to compel due administration?

Answer 1

Accounts and information

Question 2

What must PR’s do in relation to accounts and information?

Answer 2

Must keep accurate records of receipts and payments

Question 3

What can beneficiaries do in relation to accounts and information?

Answer 3

Beneficiaries, or anyone interested in the estate can ask to inspect accounts

Question 4

What happens if the PRs refuse to let beneficiaries inspect the accounts or if they are inaccurate?

Answer 4

Beneficiaries can apply to the court for an order compelling PRs to provide an inventory and accounts (s25 AoEA 1925)

Question 5

What happens immediately prior to final distribution of the estate/end of admin?

Answer 5

PRs or their legal advisers prep ESTATE ACCOUNTS showing all:
- assets
- payments and
- income made

Question 6

Who are the estate accounts sent to and what do they do with them?

Answer 6

They are sent to the residuary beneficiaries.

They are asked to sign a receipt:
1. Approving accounts and
2. Discharging PRs from further liability

Question 7

What are the rules on entitlement to disclosure?

Answer 7

No automatic entitlement on decisions on a discretionary matter.

But if PRs refuse disclosure, beneficiaries can apply to the court.

Question 8

When are documents subject to disclosure?

Answer 8

1. Subject access request under Data Protection Act (DPA) 1998 OR
2. Part of disclosure requirements in court proceedings

Question 9

Who should not be witnesses to a will?

Answer 9

Beneficiaries + those married to beneficiaries

Question 10

What is an attestation clause?

Answer 10

“Signed by the testator(ix) in our joint presence and then by us in hers(his).”

Question 11

What are the 3 requirements of a valid will?

Answer 11

1. Capacity
2. Intention
3. Formalities in s9