Probate actions

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Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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26th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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Produced in partnership with Mark Lindley of Boodle Hatfield LLP 26th Oct
Practice notes
FORTHCOMING CHANGE: The Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 amend the Non-Contentious Probate Rules 1987, SI 1987/2024 with...
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13th Oct
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...
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9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
8th Oct
Practice notes
Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay...
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26th Sep
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,...
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26th Sep
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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26th Sep
Practice notes
The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the...
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26th Sep
Practice notes
Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
The intestacy rulesIf the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable...
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26th Sep
Practice notes
ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
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26th Sep
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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25th Sep
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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25th Sep

Most recent Probate actions content

Practice notes
Only the Court of Protection has the power to execute a Will or codicil on behalf of an incapacitated person. A person cannot delegate the power to...
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25th Sep
Practice notes
The legal costs position in probate claims is often misunderstood.This Practice Note looks at:•the costs in probate proceedings relating to the...
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25th Sep
Practice notes
The nature of disputes as to lifetime dispositionsParticularly where an estate appears to be smaller than anticipated, personal representatives (PRs)...
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Produced in partnership with Emma Holland of Stewarts Law 25th Sep
Practice notes
These are not probate actions within the definition set out in part 57.1 of the Civil Procedure Rules 1998 (CPR) but they are, necessarily, matters...
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25th Sep
Practice notes
In order to validate their Wills testators dying before 1 January 1964 must have followed the execution formalities set out in the Wills Act 1837 (WA...
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25th Sep
Practice notes
Testamentary dispositions will be set aside where:•the Will itself is forged•the Will provisions are as a result of dishonest statements or actions•a...
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25th Sep
Practice notes
Construction claims are very common and there is a wealth of case law on the subject but the result is a complex and confusing area.Essentially, such...
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25th Sep
Practice notes
Secret trustsThe enforcement of secret trusts has it roots in equitable doctrines. Here, though, it is not the Will itself that may be the subject of...
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25th Sep
Practice notes
Before a Will is admitted to probate the court must be satisfied that the testator knew and approved of its contents at the time that they executed...
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25th Sep
Practice notes
The term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties to create irrevocable...
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25th Sep
Practice notes
It is rare to see an action to set aside a Will based solely on undue influence, and equally as rare to see a claim succeed either on a sole basis or...
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25th Sep
Practice notes
In Thorner v Major, Lord Walker began his judgment by quoting from Simon Gardner in Introduction to Land Law (2007):‘There is no definition of...
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25th Sep
Practice notes
A grant of probate may be taken out by a maximum of four from any of the executors appointed by the deceased in their Will who are not under a legal...
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25th Sep
Precedents
Dear [insert organisation name]Our Client: [ ]Your Client: [ ]Re: [insert property address]We act on behalf of [ ].This is our letter of claim in...
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26th Sep
Precedents
Dear [insert organisation name] [name] Deceased (the Deceased) We act for [name] who is [the residuary beneficiary under the Deceased’s Will dated...
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26th Sep
Precedents
Dear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of [name] deceasedLETTER OF...
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26th Sep
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
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26th Sep
Practice notes
With increased life expectancy comes increased mental illness as people’s bodies outlive their minds. Dementia and other mental illnesses including...
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26th Sep
Precedents
This document provides general guidance regarding some of the key issues in bringing a contentious probate claim.Your specialist Private Client...
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28th Sep

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