A Trivia Quiz On Wills And Administration

1. Andrew died leaving a will. The will did not appoint executors. In the will he left the residue of his estate to George and Frank on trust for Polly. Which persons could apply for a grant of administration?

Polly’s Guardians

George and Frank are the residuary legatees holding on trust for Polly

The Official Solicitor

George and Frank can apply for a grant of administration because they are the residuary legatees who hold the estate on trust for Polly. As the will did not appoint any executors, the court may grant administration to the residuary legatees to ensure the proper distribution of the estate according to the terms of the will. The Official Solicitor may not have the authority to apply for a grant of administration in this case.

Explanation

George and Frank can apply for a grant of administration because they are the residuary legatees who hold the estate on trust for Polly. As the will did not appoint any executors, the court may grant administration to the residuary legatees to ensure the proper distribution of the estate according to the terms of the will. The Official Solicitor may not have the authority to apply for a grant of administration in this case.

2. You want to distribute an estate but cannot locate one of the beneficiaries, what do you do?

Provided you have sent a letter to the last known address then you are free to distribute the estate.

Apply for a Benjamin Order get indemnity from beneficiaries set aside assets get insurance

Wait for 12 months then distribute the missing beneficiary’s entitlement in equal shares to the other beneficiaries.

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Explanation

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3. Five months after the death of the Testator, the beneficiaries of the estate are complaining about the delay in administration and want their inheritance ASAP. You act for the PR. What do you do?

Advise the PR that they have to wait for as long as it takes.

Can give interim distribution but PRs not obliged to distribute during 12 months form date of death. Would be unwise to distribute before 6 months because of potential claims under I (PFD)Act and need for statutory notices in respect of missing beneficiaries.

Can give interim distribution but PRs are obliged to distribute during 12 months form date of death. Would be reasonable to distribute before 6 months because potential claims under I (PFD)Acts are not very common.

The correct answer is that the PRs are not obliged to distribute during the 12 months from the date of death. It would be unwise to distribute before 6 months because there may be potential claims under the I (PFD) Act and statutory notices may need to be sent to locate missing beneficiaries. This means that while interim distributions can be made, it is not mandatory and caution should be exercised to ensure all legal requirements are met before distributing the inheritance.

Explanation

The correct answer is that the PRs are not obliged to distribute during the 12 months from the date of death. It would be unwise to distribute before 6 months because there may be potential claims under the I (PFD) Act and statutory notices may need to be sent to locate missing beneficiaries. This means that while interim distributions can be made, it is not mandatory and caution should be exercised to ensure all legal requirements are met before distributing the inheritance.

4. Belinda died leaving a will. The will appointed Terence as executor. The residue of the estate was left to Clara. Terence is unwilling to act as executor. Which persons could apply for a grant of administration?

Terence’s own executor of his will. Terence will need to renounce

Belinda’s next of kin. Terence will need to renounce

Clara is entitled as residuary legatee as Terence is unwilling to act. Terence will need to renounce

If Terence is unwilling to act as executor, Clara, who is the residuary legatee, can apply for a grant of administration. Terence will need to renounce his role as executor in order for Clara to take over the responsibilities.

Explanation

If Terence is unwilling to act as executor, Clara, who is the residuary legatee, can apply for a grant of administration. Terence will need to renounce his role as executor in order for Clara to take over the responsibilities.

5. Megan died last week leaving a will appointing Lois to be her sole executrix and residuary beneficiary. Lois died two months ago. Only Megan’s father and brother are still alive. Which persons could apply for a grant of administration?

There is a partial intestacy here as no one entitled under the will survives as residuary beneficiary. Those entitled under the intestacy of the deceased are entitled to apply for a grant. Here Megan’s father should apply as he is first entitled under the intestacy rules.

There is not a partial intestacy here as Lois’s executors can apply as the estate belongs to Lois and those entitled under the intestacy of the deceased are not entitled to apply for a grant.

There is a partial intestacy here as no one entitled under the will survives as residuary beneficiary. Those entitled under the intestacy of the deceased are entitled to apply for a grant. Here Megan’s brother should apply as being first entitled under the intestacy rules.

In this scenario, Megan appointed Lois as her sole executrix and residuary beneficiary in her will. However, Lois passed away before Megan. As a result, there is a partial intestacy because no one entitled under the will survives as a residuary beneficiary. In cases of partial intestacy, those entitled under the intestacy rules can apply for a grant of administration. Since Megan's father is the only surviving family member mentioned, he would be the first entitled under the intestacy rules and can apply for a grant of administration.

Explanation

In this scenario, Megan appointed Lois as her sole executrix and residuary beneficiary in her will. However, Lois passed away before Megan. As a result, there is a partial intestacy because no one entitled under the will survives as a residuary beneficiary. In cases of partial intestacy, those entitled under the intestacy rules can apply for a grant of administration. Since Megan's father is the only surviving family member mentioned, he would be the first entitled under the intestacy rules and can apply for a grant of administration.

6. Entitlement of Spouse\Partner with surviving issue a) personal chattels absolute b) statutory legacy of £________plus interest __________ c) life interest in half the residue The other half of the residue goes on trust to the issue.

£300,000 plus 6.5%

£200,000 plus 4.5%

£300,000 plus 2.5%

£250,000 plus 6%

The correct answer is £250,000 plus 6%. This is because the surviving spouse/partner is entitled to a life interest in half the residue. The other half of the residue goes on trust to the issue. The given options provide different amounts of money and interest rates. Among these options, £250,000 plus 6% is the correct answer as it fulfills the requirement of a life interest in half the residue.

Explanation

The correct answer is £250,000 plus 6%. This is because the surviving spouse/partner is entitled to a life interest in half the residue. The other half of the residue goes on trust to the issue. The given options provide different amounts of money and interest rates. Among these options, £250,000 plus 6% is the correct answer as it fulfills the requirement of a life interest in half the residue.

7. In relation to intestate what is the correct sequence for probate and inheritance?

1. Spouse – civil partner2. Parents3. Son\Daughter4. Brother\Sister5. Grand Parents6. Uncles\Aunts7. Children of sons, daughters, brothers, sisters, uncles, aunts.

1. Spouse – civil partner2. Son\Daughter3. Parents4. Brother\Sister5. Uncles\Aunts6. Grand Parents 7. Children of sons, daughters, brothers, sisters, uncles, aunts.

1. Spouse – civil partner2. Son\Daughter3. Parents4. Brother\Sister5. Grand Parents6. Uncles\Aunts7. Children of sons, daughters, brothers, sisters, uncles, aunts.

The correct sequence for probate and inheritance in relation to intestate is as follows: first, the spouse or civil partner is entitled to inherit. If there is no spouse or civil partner, the next in line to inherit are the son or daughter. If there are no children, the parents of the deceased inherit. If there are no parents, the next in line are the brothers and sisters. If there are no siblings, then the grandparents inherit. If there are no grandparents, the uncles and aunts are entitled to inherit. Finally, if there are no immediate relatives, the children of sons, daughters, brothers, sisters, uncles, and aunts inherit.

Explanation

The correct sequence for probate and inheritance in relation to intestate is as follows: first, the spouse or civil partner is entitled to inherit. If there is no spouse or civil partner, the next in line to inherit are the son or daughter. If there are no children, the parents of the deceased inherit. If there are no parents, the next in line are the brothers and sisters. If there are no siblings, then the grandparents inherit. If there are no grandparents, the uncles and aunts are entitled to inherit. Finally, if there are no immediate relatives, the children of sons, daughters, brothers, sisters, uncles, and aunts inherit.

8. John Wilson’s brother died intestate with no other surviving relatives. The estate is worth £4000 which is in cash. John is required to obtain a grant of letters of administration before he can benefit.

True

False

John is not required to obtain a grant of letters of administration before he can benefit. When someone dies intestate (without a will) and there are no other surviving relatives, the estate will typically pass to the state as "bona vacantia" (ownerless property). In this case, since the estate is worth £4000 in cash, John can claim the estate as the deceased's brother and sole surviving relative without the need for letters of administration. Therefore, the statement is false.

Explanation

John is not required to obtain a grant of letters of administration before he can benefit. When someone dies intestate (without a will) and there are no other surviving relatives, the estate will typically pass to the state as "bona vacantia" (ownerless property). In this case, since the estate is worth £4000 in cash, John can claim the estate as the deceased's brother and sole surviving relative without the need for letters of administration. Therefore, the statement is false.

9. What legal right do you think a beneficiary has to property (which they eventually inherit) during the administration period?

None they have no legal beneficial interest

Full rights of ownership to the property

A life interest entitlement to the property

During the administration period, a beneficiary does not have any legal beneficial interest in the property they will eventually inherit. This means that they do not have any rights or ownership over the property until the administration process is complete. They cannot make any decisions or exercise control over the property during this time.

Explanation

During the administration period, a beneficiary does not have any legal beneficial interest in the property they will eventually inherit. This means that they do not have any rights or ownership over the property until the administration process is complete. They cannot make any decisions or exercise control over the property during this time.

10. A will is valid provided the following is true.

Is the testator over 16

Made by a person who is of sound mind

The will must be clear

A witness or the married partner of a witness can benefit from a Will

It must be written by a solicitor or legal professional

The witnesses must sign within 24 hours of each other

Made voluntarily and without pressure from any other person

The given correct answer states that a will is valid if it is made by a person who is of sound mind, the will must be clear, and it must be made voluntarily and without pressure from any other person. These conditions ensure that the testator is mentally capable of making decisions, the intentions of the testator are clearly stated in the will, and the will is not influenced by any external factors. These criteria are important to ensure the validity and authenticity of the will.

Explanation

The given correct answer states that a will is valid if it is made by a person who is of sound mind, the will must be clear, and it must be made voluntarily and without pressure from any other person. These conditions ensure that the testator is mentally capable of making decisions, the intentions of the testator are clearly stated in the will, and the will is not influenced by any external factors. These criteria are important to ensure the validity and authenticity of the will.

Submit

11. Entitlement of Spouse\Partner no issues a) personal chattels absolute b) statutory legacy of £_____________ c) one half the residue absolute The other half of the residue goes to the parents in equal share, or if none , to brothers\sisters or there issues on trust.

£450,000

£250,000

£350,000

The correct answer is £450,000 because according to the given information, the entitlement of the spouse/partner has no issues. This means that the spouse/partner is entitled to receive the entire estate, which in this case is £450,000.

Explanation

The correct answer is £450,000 because according to the given information, the entitlement of the spouse/partner has no issues. This means that the spouse/partner is entitled to receive the entire estate, which in this case is £450,000.