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On some estates, even under an intestate, it is not clear who are the next-of-kin, and probate research may be required to find the entitled beneficiaries. An administrator (sometimes known as the administratrix, if female) acts as the personal representative of the deceased in relation to land and other property in the UK. Consequently, when ...
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
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)
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 ...
A trust may have multiple trustees, and these trustees are the legal owners of the trust's property, but have a fiduciary duty to beneficiaries and various duties, such as a duty of care and a duty to inform. [20] If trustees do not adhere to these duties, they may be removed through a legal action.
Beneficiaries also have the right to sue the executor of an estate if they believe that a breach of fiduciary duty has occurred. Fiduciary duty compels people who are fiduciaries, including ...
Although people are generally free to set the terms of trusts in any way they like, there is a growing body of legislation to protect beneficiaries or regulate the trust relationship, including the Trustee Act 1925, Trustee Investments Act 1961, Recognition of Trusts Act 1987, Financial Services and Markets Act 2000, Trustee Act 2000, Pensions ...
[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.