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Essay / Research Paper Abstract
This 14 page paper considers the administration of estates by two different executors in two different cases, both of which deal with wills that are written clearly. Issues discussed include the duties of the executor (or executrix), calculation and liability of inheritance tax, raising money to pay the inheritance tax, gifts, land transactions following the owners death, and absent beneficiary, and an individual acting as an executor de son tort. The writer cites many cases to support the issues raised. The bibliography cites 6 sources.
Page Count:
14 pages (~225 words per page)
File: TS14_TEwillest.rtf
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Unformatted sample text from the term paper:
first aspect that needs to be considered is the validity of the will, that it was the last will and testament, and that it complies with the required forms aid
out in the Wills Act 1837. However, at this stage it is also worth noting that in the Inheritance (Family Provision) Act 1938 also granted the courts the power to
amend the will for a limited category of dependants (Cretney and Masson, 1997). This gives us some background to this case. The first issue that we need to look at
is the role that Lady Broke should play as the sole executrix( the feminine of executor). She does not have to accept this position, and can give notice that she
does not wish to take on this role, however, this does not appear to be the case, and as such the student may expand on this should they wish looking
at the Administration of Estates Act 1925 (Ivamy, 2000). In this paper we will assume that the will is valid and also that Lady Broke is a willing executrix, however,
if she finds she is unable to undertake these tasks there is a period of two months from the death within which she may resign (DCosta, 2001). If we look
at the way that Lady Broke has been behaving it appears that the first element of any advice should be the role tasks that she need to undertake and the
position she is in. The executor is the person, or people, that are instructed by the will to administer the estate according to the wishes of the deceased after their
death. According to the executors oath the duties may be summarised as "to collect, get in, and administer according to law the ... estate of the deceased" in accordance with
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