The High Court has the power to grant probate of a will to one or more of its executors. It may grant administration to such persons as the High Court determines in accordance with the court rules. This does not prejudice the power conferred on the High Court relating to the grant of administration to […]
The court may order land not specifically devised or land vested in a personal representative to be sold on such terms as it may direct. And on failure, the court may, on the application of the person entitled, direct a sale. An assent of unregistered land is deemed to have the equivalent effect on the […]
Administration of Estates Act 1955 The Administration of Estates Act 1955 modernized the law on succession and the administration of estate. It put real estate (land, buildings, and certain other assets) on the same footing as other so-called personal estate. All existing modes of descent and devolution at common law and the earlier statutes were […]
Real and personal estates, is equally available for payment of debts, liabilities. If there are insufficient assets to cover debts and liabilities, the estate is dealt with as an insolvent estate. Where the estate of the deceased is insolvent, then subject to the provisions of the legislation creating charges or on property and provisions, if […]
The Inheritance (Provision for Family and Dependants) (NI) Order 1979 makes provision for applications by spouses, civil partners, family members, and dependents for provisions from the estate of a deceased. Reasonable financial provision, in the case of an application by the husband or wife of a deceased, means financial provision that would be reasonable in […]
The net estate of the deceased person, for the purpose of the family rights legislation, includes certain assets that are not strictly part of the net estate. Specific categories of assets may be designated directly to third parties, preventing them from becoming part of the estate. These assets are considered part of the net assets […]
If a person dies within 12 months of a decree of divorce, nullity, or judicial separation, and an application for a property adjustment order or financial provision has not been made or is pending, then if an application under the legislation is made by the other party, the court may proceed as if the divorce, […]
The person appointed in a will to put it into effect is the executor. Where there is no will, an administrator takes letters of administration. Where there is a will but the person named refuses to or cannot act, letters of administration with the will annexed are taken out. The vast majority of grants are […]
It is the duty of executors and administrators (personal representatives) to collect and manage the estate of the deceased in accordance with the law.An administrator has all the powers of an executor. When the High Court grants administration with the will annexed, the will shall be performed and observed by the administrator in the same […]
The following general powers replaced the Lunacy Regulation Act. Functions of the High Court are exercisable under the following provisions: after considering medical evidence, the court is satisfied that a person is incapable of managing and administering his property and affairs by reason of medical disorder. Where it is represented to the court and the […]