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
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
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