Administration actions

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Practice notes
What is an offshore trust?A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or...
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Produced in partnership with Mourant Ozannes and Carey Olsen 19th May
Practice notes
Creation of trusts—beneficiariesWho may be beneficiariesEvery person who would be capable of owning property if of full age and sound mind may be a...
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19th May
Practice notes
Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 19th May
Q&As
When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...
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Produced in partnership with Emma Holland of Stewarts Law 19th May
Precedents
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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19th May
Precedents
This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...
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19th May
Practice notes
Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...
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19th May
Q&As
At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?We assume you refer to the situation when...
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19th May
Practice notes
Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Practice notes
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Practice notes
Relief for income tax lossesReliefs entitle taxpayers to reduce the amount of income tax payable. When calculating liability to income tax, a taxpayer...
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19th May
Practice notes
Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...
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19th May
Practice notes
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
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19th May
Practice notes
Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...
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19th May
Practice notes
Trustees—power of advancementWhere a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married...
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19th May
Practice notes
Beneficial ownership registers—private clients and trustsCORONAVIRUS (COVID-19): Certain aspects of the PSC regime are affected by temporary measures...
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19th May

Most recent Administration actions content

Q&As
Does a beneficiary have a right of occupation and what is the procedure to force a sale?Beneficiaries in occupationIt is quite common for a...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
If I sue on behalf of an estate do I need to name both administrators in the claim form/pleadings or just one?A potential claim does not generally...
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1st Aug
Q&As
How should an executor proceed where they are selling an estate asset and not all beneficiaries consent to the sale price?See Practice Note: Personal...
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1st Aug
Q&As
How should a party which is deceased be referenced on a claim form in civil proceedings? Does any reference depend upon a grant of probate?Referencing...
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1st Aug
Q&As
What should a personal representative do where beneficiaries will not cooperate with requests to provide information and documentation about the...
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1st Aug
Q&As
Where an estate has been distributed in accordance with the intestacy rules but a Will turns up a number of years later leaving the estate to an...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 1st Aug
Q&As
Does a residuary beneficiary have the right to request estate accounts from executors before a grant of probate has issued?Where there is a Will which...
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1st Aug
Q&As
What rights does a residuary beneficiary have to estate information, including information about the deceased's lifetime gifts made in the last seven...
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Produced in partnership with Adam Draper of Shoosmiths 1st Aug
Q&As
Following the death of wife intestate, the husband starts or continues a clinical negligence claim on her behalf. The husband has now died. Who should...
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1st Aug
Q&As
Who should bring a claim on behalf of the estate?It is the role of the personal representatives to administer the estate (see Practice Note: Personal...
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1st Aug
Q&As
Can you remove all executors and appoint a new executor?It is in principle possible to remove an executor or executors, and for alternatives to be...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
Can an executor bring a claim pursuant to section 14 of the Trusts of Land and Appointment of Trustees Act 1996 for an order for sale?We refer you to...
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1st Aug
Q&As
Where a beneficiary has been living in the deceased’s property for a number of years, do they have a right of occupation? What can the executors do to...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
What action can an executor take where beneficiaries have been overpaid due to a miscalculation and where monies are now required to settle a...
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Produced in partnership with Helen Galley of XXIV Old Buildings 1st Aug

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