Wills and Administration of Estates & Trusts

Pages: 8

Contents:

WILLS AND ADMINISTRATION OF ESTATES

VALIDITY OF WILLS AND CODICILS

Testamentary Capacity

Intention/Duress and Undue Influence

Formal Requirements

PERSONAL REPRESENTATIVES

Appointment of Executors

Remuneration and Renunciation

ALTERATIONS AND AMENDMENTS

Effect of Alterations Before and After Execution

Codicils

REVOCATION

Methods of Revocation

Effect of Marriage and Divorce

GIFTS

Failure of Gifts

INTESTACY RULES

INHERITANCE TAX

Lifetime Gifts

Nil Rate Band

Exemptions

Reliefs

Inheritance Tax Calculation

GRANTS OF REPRESENTATION

Non-Contentious Probate Rules

Application to Probate Registry

Exempt Estates

Affidavit

ADMINISTRATION OF ESTATES

Role of PRs

Duties of PRs Before Authority to Act

Duties of PRs After Authority to Act

Liabilities and Protections of PRs

CLAIMS AGAINST ESTATES (FAMILY & DEPENDENTS)

Applicants

Grounds

RIGHTS, POWERS AND REMEDIES OF BENEFICIARIES

Rights of Beneficiaries

Defences of PRs

TRUSTS

EXPRESS TRUSTS (PRIVATE)

Three Certainties

Beneficial Entitlement

Life Interest Trusts

Rule in Saunders v Vautier

EXPRESS TRUSTS (PUBLIC)

RESULTING TRUSTS

Automatic Resulting Trusts

Presumed Resulting Trusts

CONSTRUCTIVE TRUSTS

Implied Trusts of the Family Home (Common Intention Constructive Trust)

Requirements to Establish Proprietary Estoppel

LIABILITY OF STRANGERS TO THE TRUST

Recipient Liability

Accessory Liability

Remedies

FIDUCIARY RELATIONSHIP AND OBLIGATIONS OF TRUSTEES

Trustee Not to Purchase Trust Property

Conflicts of Interest

APPOINTMENT AND REMOVAL OF TRUSTEES

Appointment

Removal