WAE: PRs

Question 1

What is the first practical step a personal representative should take after death?

Answer 1

Obtain and register the death certificate to notify institutions and enable the funeral.

Question 2

Who usually arranges the funeral and who bears its cost?

Answer 2

Family members usually arrange it; the estate (via the PRs) pays as an administration expense.

Question 3

Why must PRs secure estate assets?

Answer 3

To preserve value and avoid personal liability, e.g. by locking premises, notifying insurers, securing digital accounts.

Question 4

What should PRs do with the original will and codicils?

Answer 4

Locate, review for validity, execution and drafting issues, and identify beneficiaries and instructions.

Question 5

What if a will appears lost or destroyed?

Answer 5

Investigate revocation vs loss; if lost but valid, consider re-construction or search services.

Question 6

How do PRs determine the basis of distribution?

Answer 6

Read the will/codicils or apply intestacy rules, then notify beneficiaries and manage expectations on timing.

Question 7

What is included in the estate schedule?

Answer 7

All assets (bank accounts, property, shares, chattels) and liabilities (debts, funeral costs) as at date of death.

Question 8

How are unquoted chattels valued?

Answer 8

Low-value items can be estimated; items over £500 need formal probate valuations.

Question 9

How are quoted shares valued at date of death?

Answer 9

Take the low price on the Daily List and add one-quarter of the difference between high and low.

Question 10

What special rule applies to joint accounts?

Answer 10

Establish deceased’s share (often 50:50 but verify) before including in estate.

Question 11

Why must PRs identify lifetime transfers?

Answer 11

Transfers in the seven years before death affect IHT and may trigger tax charges on the donor estate.

Question 12

Under which rule are administrators appointed when a will exists but no executor can act?

Answer 12

Rule 20 NCPR: Grant of Letters of Administration (with will).

Question 13

List the priority order under NCPR 20 for administrators.

Answer 13

Executor → residuary trustees → residuary beneficiaries → PRs of residuary beneficiaries → other beneficiaries/creditors → PRs of those.

Question 14

What does ‘clearing off’ mean under NCPR 20?

Answer 14

Explaining why anyone with a higher priority right is not applying for the grant.

Question 15

When is a Grant of Letters of Administration granted?

Answer 15

When someone dies intestate: Rule 22 NCPR applies.

Question 16

Give the top three categories under NCPR 22 for intestacy.

Answer 16

Surviving spouse/civil partner → children → parents of the deceased.

Question 17

What is required of an applicant under NCPR 22 apart from relationship?

Answer 17

They must have a beneficial entitlement to the estate; otherwise they may not apply.

Question 18

When can the Crown apply under NCPR 22?

Answer 18

If no eligible family or beneficiaries apply, the Crown may claim bona vacantia under Rule 22(2).

Question 19

How many administrators are required?

Answer 19

One minimum; two if there is a life or minor interest in the estate; up to four maximum.

Question 20

Under what circumstances may someone apply on behalf of a minor or incapacitated person?

Answer 20

Rule 32/35 NCPR: if no adult with equal entitlement will act and the minor/incapacitated person is sole or only in highest category.

Question 21

Who derives authority from a will and who from a grant?

Answer 21

Executors derive authority from the will; administrators derive authority from the grant.

Question 22

Who may act as executor?

Answer 22

Any named executor in the will who is an adult, has capacity, and is not disqualified (e.g. pre-deceased, under-age, divorced unless will overrides).

Question 23

How many executors can be on a grant of probate?

Answer 23

Up to four; if more are named in the will they must choose which four.

Question 24

What happens if a named executor pre-deceases the testator?

Answer 24

They are treated as unable to act; remaining executors may apply or substitutes named in the will take their place.

Question 25

What is chain of representation under s 7 AEA 1925?

Answer 25

If sole executor dies after proving, their executor (E₂) takes over without a new grant, completing T’s administration.

Question 26

When does a grant de bonis non apply?

Answer 26

If chain of representation fails or cannot operate and the sole PR dies before administration completes.

Question 27

What formal options does an executor have if unwilling to act?

Answer 27

Renounce, reserve power to apply later, or appoint an attorney to apply/act on their behalf.

Question 28

What is renunciation by a PR?

Answer 28

Formally giving up the right to apply for a grant; requires a signed renunciation form and cannot be retracted without court.

Question 29

When is renunciation unavailable?

Answer 29

If the PR has intermeddled (e.g. sold assets, paid debts) they cannot renounce.

Question 30

What does intermeddling include?

Answer 30

Obtaining, receiving or holding estate assets or disposing of them; common humanity acts (funeral) do not count.

Question 31

What does reserving power allow an executor to do?

Answer 31

Leave grant to co-executors but retain right to apply later via double probate if administration incomplete.

Question 32

How does a PR appoint an attorney before a grant?

Answer 32

Granting power of attorney under Rule 33 NCPR; attorney applies for letters of administration (with will) in parallel.

Question 33

What defence is available if all named executors are unable/unwilling?

Answer 33

Apply for letters of administration (with will) under Rule 20, appointing administrators instead.

Question 34

When may a citation be used in probate?

Answer 34

To force an unwilling PR to act, to remove their right, or to appoint someone else; court-ordered.