Williams, Mortimer and Sunnucks on executors, administrators and probate / Learmonth, Alexander.

London : Sweet & Maxwell, 2023.

22nd edition

202773

Executors and administrators -- Great Britain.

Probate law and practice -- Great Britain.

Inheritance and succession -- Great Britain.

Part 1: Preliminary matters

1. Definitions and the structure of this book

2. History and jurisdiction

3. Jurisdiction where there is a foreign element

4. Capacity to act as representative

5. The need for a grant

Part 2: Executors and administrators

6. Executors-appointment, acceptance, renunciation and Transmission of office

7. Appointment of administrators and acceptance of office

8. Administrators - entitlement to a grant with the will annexed

9. Administrators - entitlement to a grant on total intestacy

Part 3: Obtaining a grant

10. Types of will

11. Forms of probate

12. Grants in common form-general practice

13. Grants where the deceased died domiciled abroad

14. Applications to admit wills to proof

15. Limited grants

16. Special grants

17. Discretionary grants

18. Amendment, notation, revocation and impounding of grants

19. Recognition and resealing of grants

20. Searches, copies, exemplifications, duplicates and deposit of Wills of living persons

21. Caveats

22. Citation

23. Applications and summonses in non-contentious proceeding

24. Costs of non-contentious business

25. Contentious probate: preliminary steps and parties

26. The claim form, acknowledgement, evidence of testamentary Documents and statements of case

27. Case management and pre-trial procedure

28. Trial

29. Costs

Part 4: Devolution and liability

30. The effect of a grant

31. Vesting in the personal representative

32. Vesting of assets in others: donationes mortis causa

33. Social security benefits and tax credits

34. The devolution of chattels

35. Devolution of claims and choses in action

36. Devolution of land

37. Incidence of liabilities of the deceased

Part 5: Administration of estates

38. Preliminary matters; duties in administration

39. Assets

40. Administration of digital information

41. Taxation of personal representatives

42. The payment of debts

43. Priority of creditors over beneficiaries

44. Debts due to and from representatives and beneficiaries

45. Administration where there is a foreign element

46. Powers of the representative

47. Remuneration and payments

48. The liability for a representative's own acts

Part 6: Family provision

49. Family provision: the scope and limits of Legislation, preliminary requirements and qualifying persons

50. Family provision: exercise of discretion

51. Family provision: property available for provision

52. Family provision: procedure

Part 7: Administration and other actions

53. Administration proceedings

54. Other proceedings in administration

55. Claims by the estate

56. Claims against the estate

57. Limitation of actions

58. Judgments against representatives

59. Costs ln administration proceedings

Part 8: Distribution of assets

60. The executor's year

61. Problems of distribution

62. Ademption and satisfaction

63. Description

64. Incapacity to take a benefit

65. Election

66. Payment of legacies-marshalling

67. Abatement

68. Future legacies

69. Payment and receipt

70. Income, interest and annuities

71. Equitable apportionment

72. Assents

73. Distribution on intestacy

74. Refunding, following, tracing and subrogation.

Williams, Mortimer, and Sunnucks is a leading authority on the law relating to personal representatives, grants of representation and the administration of estates after death. This new edition has been fully updated to take account of all recent changes in legislation and case law. Explains the various forms of probate, including grants where the deceased was domiciled abroad, and limited grants, special grants, and discretionary grants. Provides full coverage of contentious probate procedure and practice. Covers the devolution of assets and claims on personal representatives. Deals with the administration of estates, including insolvent estates, with a detailed examination of assets, taxation, and payment of debts, and the powers and liabilities of the personal representative. Includes full coverage of the rules on family provision. Looks at administration and other actions, including claims by and against the estate. Discusses the distribution of assets, including on intestacy. Key new content in this Edition includes: Updated guidance on contentious probate procedure, including the new Chancery Guide and rectification of wills; Increased coverage of the law of intestacy; Updated treatment of the Inheritance (Provision for Family and Dependants) Act 1975, including recent developments on claims by adult children, extension of time, and interim payments; Consideration of the circumstances in which personal representatives will be authorised to pursue claims on behalf of the estate against beneficiaries; Updated coverage of taxation of estates and the administration of digital assets; Recent decisions on remuneration of personal representatives and removal of executors; New coverage on the process of making online applications for grants of probate and administration. - Publisher's website.

Includes bibliographical references and index.

9780414111134

ccxxx, 1365 pages ; 25 cm