Navigating disputes in trusts and estates demands precision and expertise. This topic provides valuable insights and practical guidance tailored for legal professionals. Understand the complexities of contentious issues and equip yourself with strategies to manage and resolve conflicts effectively within this specialised field.
This week’s edition of Private Client highlights includes: (1) a key Court of Protection decision which examined the care, welfare, and transitioning...
The Department for Digital, Culture, Media and Sport (DCMS) has launched a consultation on extending the Charity Commission for England and Wales’s...
This Q&A considers whether the personal representatives of a deceased person are subject to a limitation period for the setting aside of a lifetime...
Private Client analysis: On 29 July 2026, the Upper Tribunal (UT) published its judgment in The Executors of Keith Denis Lewis Beresford (Deceased) v...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Probate actions—citationsA citation is issued under the seal of the Principal Registry of the Family Division or a district probate registry. It contains the reason for its issue and the interest of the party extracting it (the citor). The citation calls upon the party cited (the citee) to enter an
What is the procedure to remove a caveat?A caveat is effective for six months. It can be extended on an ongoing basis for six months at a time. If the caveat is not renewed it will expire and any interested party is free to extract a grant.Withdrawal of caveatA caveat can be withdrawn at any time
Where an executor has requested a copy of the Will file from the deceased's solicitor are they entitled to hold back attendance notes, particularly where those attendance notes record the instructions given for the Will?Entitlement to the WillThe executors named in the last Will of the deceased are
Applications under CPR Part 64 (trusts and estates)The scope of CPR Part 64CPR Part 64 concerns:•claims relating to the administration of estates of deceased persons and trusts, together with•charity proceedings (in a separate section)This Practice Note is concerned with the first part.It applies to
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