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Personal Representatives - Coggle Diagram

- - - - writing, signed, containing a statement (no intermeddling) + witnessed
        
        Can not be reclaims
        
        Does not affect trustee position
        
        Filled with HMCTS Probate
- - - - clothes, furniture ect , can be sold without PRs proving entitlement to sell
  - - - Number of executors
        
        1/ no more than 4
      - notice
        
        notice given of grant to any reserved EX
      - Effect
        
        Evidence
      - Instructing sol (at the time of the will can only act)
    - - Order of entitlement
        
        Trustees of residuary estate
        
        Any other residuary beneficiary (vested interest preferred to contingent one)
        
        Prs of anyone in the above other than life tenant of the residue
        
        any other B or Creditor and
        
        Prs of anyone in above other than a life tenant
      - Persons of equal ranking
        
        Courts go for the vested interest, rather than contingent
      - Special situations **
      - Renunciations
        
        Clearing off (those in a better class) same class, no need to clear off)
        
        rights to renounce is not lost by intermeddling in the estate
      - 2 administrators needed, if minor B or life interest under will
    - - order of entitlement
        
        surviving spouse
        
        children of D / issue of any preceded child
        
        deceased's parents
        
        4, Deceased's brothers + sisters whole blood and issues
        
        deceased's brother + sisters half blood and issues of predeceased
        
        grand parents
        
        uncles and aunts whole blood, issues of predeceased
        
        uncles and aunts half blood, issues of predeceased
        
        1.8 must have beneficial interest in the estate
        
        clown and 10. creditors of the deceased
      - special cases with children
      - Special situations
        
        2 administrators needed, if minor B or life interest under will , max 4
      - Renunciations
      - Clearing off
    - - second grant , PR died, on chain of representation , thier PR takes it on
        
        if no will stating PR and intestate chain broke
- - - - banks may release D account funds directly to HMRC to pay IA tax before grant //direct scheme -slow.
      - Bank loans (undertaking given by the PRs and thier sol to account to the lend when estate is realized
      - Loans from beneficiary
      - Sale of assists - if no grant needed, chattels
      - insurance polices payment - if payable to the estate (can be payed directly to HMRC
      - Exceptional case - HMRC allow grant on credit if PR show that its impossible to pay tax in advance