Part 1. Preliminary matters. History and jurisdiction Jurisdiction where there is a foreign element Definitions and capacity to act The administration of estates : the structure of this book Significance of grant for ...Part 1. Preliminary matters. History and jurisdiction
Jurisdiction where there is a foreign element
Definitions and capacity to act
The administration of estates : the structure of this book
Significance of grant for executors and administrators : action before grant
When a grant is needed
Action without grant executors de son tort
Part 2. Executors and the admission of wills to probate.
Executors--appointment and transmission of office
Executors--acceptance of office, cessation of right to office, retraction of renunciation
The need for probate and types of will
Forms of probate
The formal validity of wills
The substantial validity of wills
The revocation of wills
The revival of wills
Privileged wills
Part 3. Administrators.
Appointment of administrators
Administrators--entitlement to a grant with the will annexed
Administrators--entitlement to a grant on total intestacy
Administrators--acceptance of office, renunciation, retraction of renunciation
Part 4. Non-contentious practice.
Grants in common form--general practice
Grants where the deceased died domiciled abroad
Applications to admit wills to proof
Limited grants
Special grants
Discretionary grants
Amendment; notation, revocation and impounding of grants
Recognition and resealing of grants
Searches, copies, exemplifications , duplicates and deposit of wills of living persons
Caveats
Citation
Applications and summonses in non-contentious proceedings -- Costs of non-contentious business
Part 5. Contentious practice. Preliminary steps and parties
The claim form, acknowledgement and evidence of testamentary documents
Statements of case -- Pre-trial procedure and case management
Trial
Costs
Part 6. Devolution and liability. The effect of a grant and rectification of wills
Vesting in the personal representative
Vesting of assets in others : donationes mortis causa
Social security benefits and tax credits
The devolution of chattels
Devolution of claims and choses in action
Devolution of land
Incidence of liabilities of the deceased
Part 7. Administration of assets. Preliminary matters; duties in administration
Assets
Taxation of personal representatives
The payment of debts
Priority of creditors over beneficiaries
Debts due to and from representatives and beneficiaries
Administration where there is a foreign element
Powers of the representative
Remuneration and payments
The liability for a representative's own acts
Part 8. Family provision. Family provision : the purpose and extent of the legislation
Family provision : exercise of discretion
Family provision : property available for provision
Family provision : procedure
Part 9. Administration and other actions. Administration proceedings
Other proceedings in administration
The representative as claimant
The representative as defendant
Limitation of actions
Judgments against representatives
Costs in administration proceedings
Part 10. Administration and other actions. The executor's year
Problems of distribution -- Ademption and satisfaction