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Serving as the executor of a will can be a time-consuming endeavor that takes up a lot of mental bandwidth. It can be hard to keep straight the various forms, procedures and duties. To make the ...
This is another instance of where executor vs. beneficiary rights and responsibilities diverge. If beneficiaries contest a will, the executor is notified by the probate court.
As an executor of a will, your role becomes more complicated if you’re also a beneficiary. As both the executor and beneficiary, your judgment and ability to be fair can come into question.
Devisee – beneficiary of real property under a will. Distribution – succession to personal property. Executor/executrix or personal representative [PR] – person named to administer the estate, generally subject to the supervision of the probate court, in accordance with the testator's wishes in the will. In most cases, the testator will ...
Where the executor dies intestate after probate without having completely administered the estate Where an administrator dies. In the first case the principle of administration cum testamento is followed, in the second that of general grants in the selection of the person to whom letters are granted.
In Olins v Walters [2009] 2 WLR 1 C.A. [6] the Court of Appeal has held that although it is a necessary condition for mutual wills that there is clear and satisfactory evidence of a contract between the testators, it is a legally sufficient condition that the contract provides, in return for one testator agreeing to make a will in a particular ...