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Who would be an Executor? A miscellany of traps for the unway personal representative

13 Sep 2018
16:30 - 18:00
Law Society House, Belfast See Details

This session examines a selection of issues which may typically arise in an administration of an estate from the perspective of the personal representative. It covers both so-called "non-contentious" probate and also the role of the personal representative in various types of estate disputes. Topics covered will include:

  • problems getting off the ground;

  • dealing with caveats;

  • citations;

  • when renunciation might be the best option;

  • friction between personal representatives;

  • the self-dealing rule and the power of appropriation;

  • conflicts of interest generally;

  • validity disputes - do executors have a duty to propound a will?

  • the personal representative's role in 1979 Order claims;

  • the personal representative's role in external claims against the estate;

  • the statutory power of compromise and its limitations;

  • Beddoes applications;

  • the scope of the PR's right to an indemnity in respect of costs.

The session will be delivered by Sheena Grattan BL. Sheena is a practising Chancery barrister in Northern Ireland specialising in private client work. Previously she was a senior lecturer in the Law School of Queen's University, Belfast lecturing in Equity (including Trusts), Land Law, Inheritance and the Law and Revenue Law, having started her career as a solicitor in private practice. Sheena is the author of several legal texts including Succession Law in Northern Ireland (SLS), and, with James Kessler QC, Drafting Trusts & Will Trusts in Northern Ireland (Bloomsbury). She is a founding member of the STEP: Northern Ireland branch and in 2012 was the recipient of a STEP Founder's award for outstanding achievement. She has been an examiner and tutor for both the Administration of Trusts and Administration of Estates components of the STEP/CLT Diploma programme in Northern Ireland since its inception.

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