Titlebook: Law of Succession; Catherine Rendell Textbook 1997Latest edition Macmillan Publishers Limited 1997 distribution.management.success

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Probate JurisdictionA grant of representation can normally only be made in the courts of England and Wales if the deceased died leaving property in England and Wales, or the deceased appointed an executor in England and Wales.

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Collection, Realization and Management of EstatesWhether the deceased has died testate or intestate, the personal representatives of the deceased have, in broad terms, the three following duties. The duty to:.The duty of the personal representatives to pay the deceased’s funeral, testamentary and administration expenses, debts and other liabilities, is discussed in Chapter 10.

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Inheritance (Provision for Family and Dependants) Act 1975As the law stands, technically speaking, a testator has total freedom to make a will disposing of any of his property by will to whomever he wishes. Contrary to what many people believe, this has not always been the case and is not the case in many other legal systems.

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Nature and Function of Willscument or documents in which a person expresses their wishes on death. It is in this latter sense that the word ‘will’ is to be used. A person who makes a will is known as a . if he is male, or a .if she is female.

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Revocation, Alteration, Republication and Revival of Willsa will may be revoked. There are three voluntary methods of revocation, and two involuntary methods. The voluntary methods are:.All of these voluntary methods require mental capacity to the same degree as for the creation of a will (. (1969) 114 Sol Jo 35) and also intention to revoke.

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Gifts by Will and Their Failure the individual gifts made in a will. The chapter looks at the different types of gift that can be made by will, and explains the various reasons why gifts by will may either be invalid or unable to take effect.