SRA Wills and Succession 3

Question 1

What is the primary legal duty of a Personal Representative (executor or administrator) in administering a deceased's estate?

Accepted Answer

To collect the estate assets, pay the deceased's debts and liabilities, and distribute the net estate to those entitled

Answer

To maximize investment returns on estate assets during the administration period

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To represent the estate exclusively in court proceedings and settle all litigation

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To manage the deceased's business interests until they can be sold

Question 2

What is the key distinction between a grant of probate and a grant of letters of administration?

Accepted Answer

Probate is granted where there is a valid will with a named executor willing and able to act; letters of administration are granted where there is no will or no executor

Answer

Probate applies only to real property; letters of administration apply only to personal property

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Probate is issued by the Supreme Court; letters of administration are issued by the County Court

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Probate is always required; letters of administration are optional

Question 3

The rule in Saunders v Vautier (1841) entitles certain beneficiaries to bring a trust to an end prematurely. What conditions must be satisfied?

Accepted Answer

All beneficiaries must be adults with full mental capacity and together hold the entire beneficial interest in the trust property

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The beneficiaries must have the consent of the original settlor or testator

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A majority of beneficiaries by value must agree and obtain a court order

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The trust must have been in existence for at least 21 years

Question 4

What is a 'fully secret trust' in English succession law?

Accepted Answer

A trust that arises where property is left by will apparently outright to a person who privately agreed before the testator's death to hold it on trust for others

Answer

A trust established under a will that is lodged at the Probate Registry under a confidentiality seal

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A testamentary trust where the identity of the beneficiaries is withheld from the trustees

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A trust created to hold assets for undisclosed charitable purposes

Question 5

What effect does divorce (or dissolution of a civil partnership) have on an existing will under section 18A of the Wills Act 1837?

Accepted Answer

Gifts and appointments in favour of the former spouse take effect as if the former spouse had died on the date of the divorce, but the rest of the will remains valid

Answer

The entire will is automatically revoked upon divorce

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Only gifts of real property to the former spouse are revoked; personal property gifts remain

Answer

The will is suspended and requires court confirmation before it can be acted upon

Question 6

What does 'per stirpes' distribution mean in succession law?

Accepted Answer

Distribution through branches of the family tree so that a predeceased beneficiary's share passes to their own descendants

Answer

Equal distribution of the estate among all surviving beneficiaries regardless of family branch

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Distribution allocated according to the relative ages of the surviving beneficiaries

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Distribution of an equal stirps (fixed share) to each surviving generation

Question 7

What is a 'Benjamin Order' and when would a Personal Representative seek one?

Accepted Answer

A court order authorising Personal Representatives to distribute the estate on the assumption that a missing beneficiary is dead or has no claim, protecting the PRs from personal liability

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A court order compelling an executor to distribute the estate within a fixed timetable

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An order freezing estate assets pending a challenge to the validity of the will

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A direction from the Probate Registry requiring additional witness evidence before probate is granted