The following Private Client Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
This Q&A is relevant where there is no surviving joint owner of the property. A surviving joint owner would be able to take all steps necessary to obtain possession.
The role of an executor is to execute the provisions specified by the deceased in their Will. Ordinarily, in order to carry out the provisions of the Will, the executor will gather in all of the assets, settle the liabilities and then distribute the proceeds of the Estate in accordance with its provisions. To facilitate this process, the executor requires recognition of the legitimacy of that role, and this is done by way of a grant of probate. Save where the estate is straightforward and of minimal value (usually less than £5,000), a grant will be required to enable the release of funds, for example, from banks and other institutions. That said, the authority of the executor derives from the will; the effect of the grant of probate is to formalise that authority and to allow the signature of the executor to be accepted in place of that of the deceased.
See Practice Notes: Executor's and administrator's authority prior to the grant and Personal representatives—powers, duties and remuneration.
An executor will not b
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Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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