Oliver Auld

This Q&A examines whether an executor can be substituted as a claimant prior to obtaining a grant of probate.

This Q&A considers the procedure for producing a fiat copy of a Will in connection with the rectification of a Will.

This Q&A considers how an executor who is also sole residuary beneficiary should respond to a claim against the validity of the testator’s Will on the grounds of lack of testamentary capacity and in what circumstances their costs may be met from the estate.

This Q&A considers the construction of a Will.

This Q&A addresses whether an attorney who has obtained a grant on behalf of an executor under a general power of attorney can cease acting..

The Q&A considers whether an executor is able to challenge the terms of a Will.

This Q&A considers whether a potential beneficiary of a NRB discretionary trust has the right to see the Trust Accounts as opposed to the Estate Accounts.

This Q&A considers whether obtaining a Scottish confirmation certificate would allow an executor for a deceased's estate to administer the estates assets that are in England and Wales.

This Q&A considers what formalities are required where land is appropriated by the personal representatives of the deceased.

This Q&A considers how an unsecured debt in an estate containing a jointly owned property is treated if the property is held as tenants in common or alternatively as beneficial joint tenants.

This Q&A looks at section 36(9) of the Trustee Act 1925 and considers what ‘entitled in possession to some beneficial interest in the trust property’ means.

This Q&A considers the rights of the partner of a life tenant of a share of a property to reside in that property with the life tenant.

This Q&A considers the scenario where the deceased made two Wills and the individuals appointed under both Wills have applied for the grant of probate, even though the individual appointed under the first Will acknowledges that the later Will is the last valid Will of the deceased. A caveat has been lodged by the executors of the last Will of the deceased. This Q&A considers what action the executors appointed by the last Will can take in order to obtain the grant themselves in these circumstances.

This Q&A considers the process of applying for a grant where a previous grant for probate for the same estate has been revoked.

This Q&A considers whether a residuary beneficiary may challenge a firm’s professional charges for administering an estate on behalf of lay executors where the executors have already approved the invoice.

This Q&A considers when it is appropriate for the Deputy to disclose a Patient’s Will.

This Q&A considers whether a personal representative who questions the validity of the Will and believes the last Will to be invalid should accept or refuse probate and what other action can be taken, including lodging a caveat and commencing a probate claim.

This Q&A considers whether notice needs to be served on the executors of deceased trustees of a trust of land.

This Q&A question considers the position of the beneficiaries of an estate further to a deed of variation where the Will is subsequently declared invalid.