Self test questions - Chapter 11

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Which of the following is a 'personal representative'?

An executor only correct incorrect

An administrator only correct incorrect

Either an executor or an administrator correct incorrect

Neither an executor or an administrator correct incorrect

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What happens when a last surviving executor dies?

The administration is taken over by the Crown correct incorrect

The administration is taken over according to the statutory order for intestate estates correct incorrect

The deceased executor's executor takes over the administration correct incorrect

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What is an executor de son tort?

Someone who committed a tort against the testator while the testator was alive correct incorrect

Someone against whom the testator committed a tort while the testator was alive correct incorrect

Someone who intermeddles in the administration of the estate correct incorrect

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Which of these debts is generally paid first in the case of a solvent estate?

Property specifically appropriated or devised or bequeathed (either by a specific or general description) for the payment of debts correct incorrect

The fund, if any, retained to meet pecuniary legacies correct incorrect

Property undisposed of by will, subject to the retention thereout of a fund sufficient to meet any pecuniary legacies correct incorrect

The fund, if any, retained to meet pecuniary legacies correct incorrect

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Which of these debts is paid first in the case of an insolvent estate?

Secured debts correct incorrect

Funeral expenses correct incorrect

Specially preferred debts correct incorrect

Bankruptcy expenses correct incorrect

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Which of the following is preferred as an administrator?

A surviving child correct incorrect

A surviving spouse or civil partner correct incorrect

A surviving parent correct incorrect

A surviving sibling correct incorrect

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What is the nature of a beneficiary's interest in an unadministered estate?

The beneficiary has a fully fledged proprietary interest in the estate correct incorrect

The beneficiary has an equity to compel due administration of the estate correct incorrect

The beneficiary has no interest in the estate correct incorrect

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To which of the following may probate not be granted?

Someone who has been made bankrupt correct incorrect

A minor correct incorrect

Someone who has a criminal record correct incorrect

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What is an assent?

An agreement that someone other than a person named in the will should act as an executor correct incorrect

An agreement that certain property should go to someone other than the beneficiary named in a will correct incorrect

The transfer of property from a personal representative to the entitled beneficiary correct incorrect

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What is the basic position with regard to remuneration of personal representatives?

A personal representative is always entitled to remuneration correct incorrect

A personal representative is not inherently entitled to remuneration as a general rule, but may receive it in certain circumstances correct incorrect

A personal representative is never entitled to remuneration correct incorrect