WHAT OTHER TYPES OF ACTIONS AND REMEDIES ARE THERE?

By way of example only:

  1. The Court can remove Trustees
  2. The Court can order an Injunction thereby preventing a Personal Representative taking any form of Action regarding the Estate.
  3. It is possible to apply for an Administration Order whereby the Estate is administered under the direction of the Court).
  4. The Personal Representative may seek a BEDDOE ORDER which in effect is the Sanction of The Court to either take or defend proceedings concerning the Estate.
  5. The Personal Representatives may seek a BENJAMIN ORDER where inquiries regarding beneficiaries are inconclusive, thereby affording protection to the Personal Representatives in distributing the Estate on certain presumptions.
  6. Disappointed beneficiaries may also be able to claim under the Inheritance (Provision for Family and Dependents) Act 1975. Here the deceased must have been domiciled in England and Wales. Those who can claim - within six months of the grant of probate (where there is a will or Letters of Administration (where is not a will) include the spouse or civil partner of the deceased; a former spouse or civil partner; any person living with the deceased as husband, wife or civil partner for two years immediately preceding the death; a child of the deceased; any person being maintained wholly or in part by the deceased immediately before the death; any person other than a child of the deceased who in the case of a marriage or civil partnership was treated by the deceased as a child of the family

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