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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
However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust.
While the trustee is given legal title to the trust property, in accepting title the trustee owes a number of fiduciary duties to the beneficiaries. The primary duties owed are those of loyalty, prudence and impartiality. [6] Trustees may be held to a high standard of care in their dealings to enforce their behavior.
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A will includes the appointment of an executor or executors. One of their duties is to apply to the Probate Division of the High Court for a grant of probate. [27] [28] An executor can apply to a local probate registry for a grant themselves but most people use a probate practitioner such as a solicitor. If an estate is small, some banks and ...
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 ...
Letters of Administration are granted by a surrogate court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under intestacy rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will.
Order in Council under the Government of Ireland Act, 1920 fixing Appointed Day for certain provisions relating to the Supreme and Appeal Courts, Judges and Offices (SR&O 1921/1527) Regulations under the Riot (Damages) Act 1886, as to claims for compensation. (SR&O 1921/1536) Celluloid (Manufacture etc.) Regulations 1921 (SR&O 1921/1825)