Practice notes

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Practice notes
Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...
12th Apr
Practice notes
STOP PRESS: The Office of Tax Simplification published its first report on the review of capital gains tax (CGT) on 11 November 2020. The report...
9th Apr
Practice notes
Meaning of solventThe rules applicable to the payment of the deceased’s debts and funeral and testamentary expenses depend on whether the estate is...
9th Apr
Practice notes
Insolvent estateThe estate of a deceased person is insolvent if, when all assets are realised, it will be insufficient to meet in full all the debts...
9th Apr
Practice notes
Which succession laws apply will be decided differently by different jurisdictions depending on the connecting factor accepted and used by that...
Produced in partnership with Richard Frimston, Andrew Godfrey and Patrick Malone of Russell-Cooke Solicitors 9th Apr
Practice notes
This Practice Note summarises the issues that need to be considered when personal representatives wish to undertake planning to reduce or defer the UK...
Produced in partnership with Richard Frimston of Russell-Cooke Solicitors 9th Apr
Practice notes
Child of the deceasedDefinitionA child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and...
9th Apr
Practice notes
In comparison with the Wills and Inheritance Quality Scheme introduced by the Law Society the STEP code is underwhelming. However, they are probably...
9th Apr
Practice notes
Variations and other post-death rearrangementsAlthough the terms of a testator’s Will or the provisions applicable on intestacy cannot actually be...
9th Apr
Practice notes
Usually, the draftsperson will have met the client to take instructions and will have obtained all the relevant information regarding their...
9th Apr
Practice notes
Civil partnershipsThe Civil Partnership Act 2004 (CPA 2004) puts same sex couples who register their partnerships in the position of married couples...
9th Apr
Practice notes
Duties in contractThe relationship between a solicitor and client is governed by the terms of the contract between them. This is supplemented by...
9th Apr
Practice notes
IdentificationBeneficiaries must be clearly identified in the Will, otherwise the gift will fail for uncertainty. When drafting a Will, state the...
9th Apr
Practice notes
The personal representatives (PRs) of a deceased estate must identify:•all the assets in the estate, and•any liabilities in the estateThe PRs should...
9th Apr
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
9th Apr
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
9th Apr
Practice notes
CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...
Produced in partnership with Keith Bruce-Smith and Katie Walsh of Sinclair Gibson LLP 9th Apr
Practice notes
Having drafted the Will it is necessary to confirm that it is what the client wants and needs. This Practice Note takes the practitioner from the...
9th Apr
Practice notes
The Wills and Inheritance Quality Scheme is designed to produce, as stated by the Law Society, a quality standard for the production of Wills and the...
9th Apr
Practice notes
This Practice Note explains the terms contentious probate and non-contentious probate. It outlines which court hears which type of probate matter, the...
9th Apr

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