The following Wills & Probate Q&A produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:
Practice Note Probate actions—citations explains that where an executor is appointed by a deceased testator and that executor refuses to administer the estate, under rules 46–48 of the Non-contentious Probate Rules 1987, (NCPR 1987),SI 1987/2024 any person interested in the estate may issue a citation in the Principal Registry or in any of the district registries, for the executor to:
accept or refuse a grant—so that where the person entitled to take a grant delays or declines to take a grant but refuses to renounce their right to executorship, the citor may instead apply for a grant
take a grant—where the executor
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Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the difference between liquidated damages and general (or unliquidated) damages and looks at the enforceability of
Negligence—key elements to establish a negligence claimNegligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be present:•duty of care•breach of that duty•damage (which is caused by the breach)•foreseeability of
Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus)
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and
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