Off topic - intenstacy and inheritance rules ( if anyone might know)

[Huge]

Why the automatic assumption that taxes must rise?

(Obviously they need to rise in the short term because Gordo pissed away all the money.)

[stuart noble]

IHT is a voluntary tax anyway. Trade in your portfolio for some gandchildren because, in the current climate, you won't get any otherwise. How the tax people came up with the 7 year rule is interesting. Someone must have worked out that, if you're feeling fit and well, you probably only have 6 years to live.

[tim....]

As that wouldn't even cover the health budget what do you expect ill people to do?

tim

[S Viemeister]

Die?

[Ronald Raygun]

Technically that is not true. More precisely it is true only in a limited context. It depends on what you think the thing is which an executor executes. If it is the will, then you can reason that if there is no will it cannot be executed and therefore there can be no executor. But that line of thought only works if you think of the will as being a document.

If you step back and think of the will as merely being the intention which the document, if there were one, would expresses, then it is perfectly possible to execute this will even where there is no such document explicitly expressing it. This is because when a person decides not to make a formal will, this may be taken to imply that the person wishes his estate be distributed according to the rules of intestacy. These rules in effect become a default or implied will, which in turn is just as capable of being executed as an express will.

Alternatively, you might think that what you are executing is the task of administering the estate. In that case, you would execute that task whether there is a formal will or not.

The two kinds of executor which English law calls executor and administrator are in Scots law both called executor, and where it is necessary to distinguish between them, the former is called executor nominate (meaning *named* in the formal will), and the latter is called executor dative (meaning that the power of executry has been

*given* to the person by the court).