Being an executor or administrator is no easy job, especially when factions form and emotions run high between beneficiaries. Personal representatives run the risk of being accused of breaching their duties from unhappy beneficiaries. In order to minimise this personal liability risk, sometimes personal representatives seek direction from the Court. This course addresses personal representative duties, court guidance on decisions under O. 85 and the Beddoe application, what happens in contentious probate proceedings, and will include case studies on various problems personal representatives may encounter with wills.
Highlights of the course include:
- General duties of Personal Representatives
- Application of O.85 in resolving probate disputes with the Court’s guidance
- Seeking the Court’s blessing to litigate – Beddoe application
- Application of O.76 – Contentious Probate Proceedings
- Case Study – What would happen if a will cannot be found after the death of the testator even though a copy is available?
- Case Study – The importance of testamentary capacity in making a will
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