Aidan Briggs

This Q&A considers the reimbursement of application expenses for a Deputyship Order.

This Q&A considers how to apply for a discretionary grant of representation under section 116 of the Senior Courts Act 1981 where the named executor in the Will is unwilling to act.

This Q&A considers how the mortgage debt is paid when the Will leaves a specific legacy of a property free of any mortgage and the deceased only owned a part share of the property at death.

This Q&A considers whether the power of advancement under section 32 of the Trustee Act 1925 applies where one part of the trust capital is put on discretionary trust for three people and one of them lacks capacity. It considers the ability to the life tenant to surrender their interest unilaterally and the tax implications of this..

This Q&A considers the CGT and IHT treatment where shares in a deceased's estate are sold (by mistake) and then replacement shares acquired, and those replacement shares then sold, all within one year of the deceased's death.

This Q&A considers the duties owed by trustees in investing trust funds.

This Q&A considers whether the defendant to a probate claim needs to file a witness statement annexing testamentary documents if none of the defendants will defend the claim.

This Q&A considers who is liable for the costs of winding up an IPDI trust on the second death, where the deceased spouses had granted rights of occupation under their Wills.

This Q&A considers whether the sale of an estate asset by personal representatives that attracts CGT is payable from the net sale proceeds or the residuary estate.