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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Administration actions—removal of personal representatives—practice and procedure

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate

Deeds

Under English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which a

Appointment, retirement and resignation of a director

BREXIT IMPACT: The information to be given when appointing a corporate director will be affected by Brexit. For further details, see Impact of Brexit

Practice notes

Application for a grant of representation

FORTHCOMING CHANGE: The Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 amend the Non-Contentious Probate Rules 1987, SI 1987/2024 with...

13th Oct

Practice notes

Administration actions—removal of personal representatives—practice and procedure

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...

Produced in partnership with Mark Lindley of Boodle Hatfield LLP 9th Oct

Practice notes

Requirements for a valid Will

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...

9th Oct

Practice notes

Appointment of personal representatives

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...

9th Oct

Practice notes

The type of grant needed

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...

8th Oct

Practice notes

Practice and procedure—civil procedure—contentious trusts and estates

Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay...

26th Sep

Practice notes

Fast find key precedents—probate matter

Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...

26th Sep

Practice notes

Estate administration—foreign assets and domiciles

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...

26th Sep

Practice notes

Administration actions—applications during the course of estate administration

The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the...

26th Sep

Practice notes

Introduction to Wills

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...

26th Sep

Practice notes

Removal, renunciation and retirement of personal representatives

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...

26th Sep

Practice notes

Total intestacy

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...

26th Sep

Practice notes

Executors, trustees and guardians—who are they?

ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...

26th Sep

Practice notes

Revocation of Will

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...

25th Sep

Practice notes

Personal representatives—powers, duties and remuneration

Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...

25th Sep

Practice notes

Payment of legacies

IdentificationThe personal representatives (PRs) must identify:•the beneficiary entitled•what each beneficiary is entitled to receive•the time at...

25th Sep

In-house

Most recent Powers of attorney and advance decisions content

Practice notes

Execution formalities—under a power of attorney

This Practice Note provides practical guidance on the proper execution of simple contracts and deeds by third party individuals or corporations...

25th Sep

In-house

Practice notes

Misuse of EPAs and LPAs and its prevention

Enduring powers of attorney (EPAs) and lasting powers of attorney (LPAs) enable a person's affairs to be managed in the event that they lack capacity...

25th Sep

Practice notes

Choosing the LPA attorney

Choosing who to appoint as attorney is the most important part in the process of making a Lasting Power of Attorney (LPA), as the attorney will be the...

25th Sep

Practice notes

LPA precedent instructions and preferences—Financial LPAs

The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney.This...

25th Sep

Practice notes

Some dos and don'ts for completing LPAs

Every month the Office of the Public Guardian (OPG) receives applications for registration of lasting powers of attorney (LPAs) where they have to...

25th Sep

Practice notes

LPAs—registration objections

A Lasting Power of Attorney (LPA) is not effective until it has been registered with the Office of the Public Guardian (OPG). Upon receipt of an...

25th Sep

Practice notes

Advance decisions—advantages, disadvantages and limitations

What is an advance decision?An advance decision is a decision, made by someone who is over 18, refusing specified medical treatment in the future when...

25th Sep

Practice notes

Business and commercial LPAs

A business lasting power of attorney (BLPA) allows the donor to appoint an attorney to make decisions concerning their business interests either when...

25th Sep

Practice notes

LPA precedent instructions and preferences—Financial and Health and Care LPAs

The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney.This...

25th Sep

Practice notes

LPA precedent instructions and preferences—Health and care LPAs

The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney.This...

25th Sep

Precedents

Memorandum of digital assets

[To my Attorney(s) named in my EPA/LPA dated ……..AND/ORTo the (Digital) Executor(s) of my Will dated ………]ItemAccess information—eg email address,...

26th Sep

Precedents

Notice of revocation of ordinary power of attorney

To my attorney[s] and anyone else whom it may concern.I [name of donor] of [address of donor]:1give you notice that today I revoked th...

26th Sep

Precedents

General power of attorney to administer digital assets

THIS POWER OF ATTORNEY is made on [date] by [name of donor] of [address of donor].1AppointmentI appoint [[name of attorney] of [address of attorney]...

26th Sep

Precedents

Deed of revocation of lasting power of attorney by donor

This deed of revocation is made on [date] by [donor] of [address].I revoke the lasting power of attorney (LPA) for [financial decisions/health and...

26th Sep

Precedents

Letter to the Office of the Public Guardian enclosing application to register an EPA

The Office of the Public GuardianDX 744240 Birmingham 79[Office of the Public Guardian][PO Box 16185][Birmingham][B2 2WH]Dear [insert organisat...

26th Sep

Precedents

Partial deed of revocation of lasting power of attorney

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...

26th Sep

Precedents

Client’s letter authorising disclosure of confidential information

I [insert name]of [insert address]born on [insert date of birth]Authorise:•my solicitor [insert name] of [insert addre...

26th Sep

Precedents

Notice of delegation of trustee powers by power of attorney

To: [insert name of co-trustee or person entitled to appoint] of [insert address of co-trustee or person entitled to appoint]In the matter of [insert...

26th Sep

Precedents

Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for health and welfare

[GP OR Doctor]Dear Dr [insert name]Client nameClient addressClient date of birthI act for [insert client’s name] in connection with a lasting power of...

26th Sep

Precedents

Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for financial affairs

[GP OR Doctor]Dear Dr [insert name]Client nameClient addressClient date of birthI act for [insert client’s name] in connection with a lasting power of...

26th Sep