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all existing rules of descent (whether arising from the common law, custom, gavelkind, Borough English or otherwise) tenancy by the curtesy and any other estate a husband may have where his wife dies intestate; dower, freebench and any other estate a wife may have where her husband dies intestate
Upon the death of a person intestate, or of one who left a will without appointing executors, or when the executors appointed by the will cannot or will not act, the Probate Division of the High Court of Justice or the local District Probate Registry will appoint an administrator who performs similar duties to an executor. The court does this ...
Generally speaking, however, trustees owe a range of duties to their beneficiaries. If a trust document is silent, trustees must avoid any possibility of a conflict of interest, manage the trust's affairs with reasonable care and skill, and only act for purposes consistent with the trust's terms.
The courts are willing to hear cases where the transfer was not completed, providing the intended beneficiaries or trustees have gained an interest through being made executor of the settlor's estate (the rule in Strong v Bird), or the gift was given donatio mortis causa, or where the settlor did all he could do, as in Re Rose, [21] or where it ...
The Trustee Act 2000 (c. 29) is an act of the Parliament of the United Kingdom that regulates the duties of trustees in English trust law.Reform in these areas had been advised as early as 1982, and finally came about through the Trustee Bill 2000, based on the Law Commission's 1999 report "Trustees' Powers and Duties", which was introduced to the House of Lords in January 2000.
An executor is charged with overseeing the distribution of someone's assets according to the will or state inheritance laws if they die without a will. The deceased person's …
[g] However, it seems clear that the trustees' duty is limited to (a) determining whether to exercise their discretion, and (b) exercising their discretion lawfully under the terms of the trust. Whilst the beneficiaries will have standing to sue the trustees for failing to fulfill their duties, it is not clear that they would gain by such action.
the executor accounts for all property subject to the duty, he must pay duty on all property that has passed to him, and; the rest of the duty must be paid by the beneficiaries and trustees concerned (except where the executor has already done so) Where the principal value of the estate: [57] exceeds £100 and does not exceed £500, 1%