Probate actions

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Practice notes
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
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Produced in partnership with Peter Murrin of Turcan Connell 19th May
Practice notes
Private Client—Luxembourg—Q&A guideTaxation regimeWhat factors determine tax liability in your jurisdiction (eg domicile, residence or...
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Produced in partnership with Eric Fort of Arendt & Medernach 19th May
Practice notes
CGT—giftsA gift of an asset is a disposal for capital gains tax (CGT) purposes. It can, therefore, trigger a CGT charge on the gain deemed to have...
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Produced in partnership with Laura Poots (Barrister) of Pump Court Tax Chambers 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
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—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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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
Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
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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
Offshore trusts—offshore income gains (OIGs)Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are...
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19th May
Practice notes
Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court...
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19th May
Precedents
This Deed is made on [date]Parties1[insert name] of [insert address] and [insert name] of [insert address] (the Retiring Trustees) and2[insert name]...
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19th May
Practice notes
Discretionary trusts—ScotlandWhat is a discretionary trust?A discretionary trust or discretionary settlement is an arrangement created when an...
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Produced in partnership with Peter Murrin of Turcan Connell 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 Probate actions content

Q&As
Is a beneficiary, named in a Will, entitled to see the Will or any part of it before probate is extracted?This Q&A assumes that the Will is not being...
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11th Jun
Q&As
What options are available to deal with money held on client account in relation to a deceased individual's Will trust and no grant of probate has yet...
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10th Jun
Precedents
Summons for discontinuance of caveatIN THE HIGH COURT OF JUSTICEFAMILY DIVISION[THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR ...
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7th Jun
Q&As
Is there a process by which a testator’s solicitor or Will-writer can be summoned to give evidence on oath about the preparation and execution of a...
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6th Jun
Q&As
When a grant of probate has been issued to two executors and one subsequently loses mental capacity, is the grant still valid?In the above scenario,...
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6th Jun
Q&As
How can an individual request a search for a caveat before applying for a grant?As set out in Practice Note: Probate actions—caveats, before a grant...
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6th Jun
Q&As
Where a grant of representation has been granted to the attorney of an executor appointed under a Will can the grant be revoked by the attorney or by...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 6th Jun
Q&As
Will the probate office accept a certified copy of a lost Will or will the presumption apply that the Will was revoked by the testator having...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 6th Jun
Q&As
Does an application to remove a caveat after an appearance has been entered have to be made by summons to a District Judge of the Principal Registry...
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6th Jun
Q&As
If acting as an attorney for the executor of an estate (grant already obtained), is the attorney able to issue proceedings on behalf of the estate?We...
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6th Jun
Q&As
In the event that an individual dies intestate, and no grant has yet been extracted, who is entitled to make decisions in respect of the disposal of...
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6th Jun
Q&As
What resources do you have on intermeddling in a deceased’s estate?Intermeddling is where a person carries out acts in a deceased’s estate that show...
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6th Jun
Q&As
Does the Limitation Act 1980 apply to a claim for proprietary estoppel?The Limitation Act 1980 (LA 1980) does not apply to a claim for proprietary...
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Produced in partnership with Richard Dew of Ten Old Square 6th Jun
Q&As
Once a warning to a caveat has been sealed, is there any time limit within which that warning has to be served? If it is not served within that time,...
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6th Jun

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