When Private Clients ask questions, they expect answers - right away. But when you’re working across so many different areas of the subject day to day, it’s impossible to hold it all in your head. In addition finding the answer often means cross-referencing several different sources – from the latest legislation to the Law Society’s most up-to-date guidance.
LexisPSL Private Client helps you get to the heart of the matter faster. With hundreds of distinct practice notes across 21 topics, you can get a clear, concise view from leading experts in their field with direct links to the most relevant sources, including the All England Law Reports and highlights from Underhill and Hayton Law of Trusts and Trustees, Tristram and Coote’s Probate Practice, and Butterworths Wills Probate and Administration service. Plus over 90 fillable, saveable and printable forms – including smart forms and precedents, like our Automated Will Draftsman and IHT 400.
It’s all checked by our own team of in-house lawyers to make sure it’s accurate and up-to-date, all in unfussy language so you don’t have to translate it for your clients. You can be confident that you’re giving your clients the best advice, with the least downtime.
Validity Once the Will has been obtained, check both it and any codicil comply with the legal requirements for a valid Will. Check the Will: • has been executed and in...
There are a number of circumstances in which it may be desirable, or necessary, to seek the removal by the court of personal representatives (PRs), ie the executors or...
Personal representatives' duties The Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must: • collect and get in the deceased’s...
The intestacy rules If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to: • all the movable property of the...
Identification The personal representatives (PRs) must identify: • the beneficiary entitled • what each beneficiary is entitled to receive • the time at which each legacy...
Definition and purpose of a Will In general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the Wills Act 1837 (WA...
Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence, repeating the same letter,...
Revocation of a Will A Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a Will may only be...
English law distinguishes between the law governing the administration of a deceased's estate and that governing succession to the estate. In most civil law jurisdictions...
NOTE: This Practice Note applies, in the main, to applications made by a practitioner by post. It is to make an application online in certain specified cases but the...
Probate Where the deceased left a valid Will appointing an executor who is able and willing to prove the Will, apply for a grant of probate. The executor(s) may be...
The rights of a person appointed executor by a Will cease if they: • die without having taken out probate • fail to appear on being cited to take out probate • renounce...
The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the very least,...
Executors An executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The omission to appoint one...
Practitioners issuing claims relating to estates and trusts must be familiar with: • CPR Part 7 and CPR Part 8 which determine the procedure to use to issue proceedings •...
Appointment Executors may be appointed: • expressly by Will • impliedly by Will (according to the tenor of the Will) • the Will may nominate someone to appoint executors....
