SAFEGUARDS FOR PERSONAL REPRESENTATIVES DURING THE ADMINISTRATION
- Created by: domlpool
- Created on: 25-12-20 19:54
Personal Representatives are personally liable for any loss arising from a failure to carry out their duties. There are certain statutory protections and procedures which can be used by PRs to lessen the risk of such personal liability arising.
Administration proceedings
· If the PRs foresee difficulties in the administration of an estate and consider that this could lead to them incurring personal liability they could seek the guidance of the court in Administration proceedings. For example if there are problems construing the will and a wrong construction placed upon the will by the PRs might lead to distribution to the wrong beneficiaries.
· Administration proceedings could take the form of :-
(a) an administration action; an application to have the…
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