The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
The Chancery Division of the High Court, which operates after 2 October 2017 as part of the Business and Property Courts, undertakes a broad range of work which includes contentious probate business and claims relating to estates and trusts. Practitioners issuing proceedings in the Chancery Division should be familiar with the Civil Procedure Rules 1998 (CPR) and the Chancery Guide which provides practical information and guidance not contained in the CPR or the PDs. The Chancery Guide is to be used in conjunction with the CPR and PDs. In particular, CPR 57 together with the Chancery Guide, para 24 for probate and inheritance claims and CPR 64 together with the Chancery Guide, para 25 for estates and trusts.
In 1862, the first Rules for Contentious Business were introduced. In 1873 the Probate Court was absorbed in to the Probate, Divorce and Admiralty Division of the High Court with the Rules for Contentious Business being absorbed in to the Rules of the Supreme Court in 1964. In 1971, jurisdiction in probate matters was vested in the newly created Family Division with contentious matters assigned to the Chancery Division. Since the Senior Courts Act 1981 (SCA 1981), the probate jurisdiction of the High Court is that whi
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
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