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The following Property Disputes news provides comprehensive and up to date legal information on The Supreme Court tweaks Etridge (Waller Edwards v One Savings Bank plc)
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...
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
The chain of representationWhat is the chain of representation?When an executor takes out a grant of probate in a testator’s estate, they become an executor not just of that testator’s Will but also of any Will of any other individual of which the testator was sole or sole surviving proving
What is the procedure for applying for a limited grant of probate?Where the deceased’s estate is solvent, section 113 of the Senior Courts Act 1981 provides that the court may grant probate or administration in respect of any part of the estate, limited in any way the court thinks fit. There are a
What is the definition of ‘intermeddling’ in an estate? Can an executor make a claim against the estate for either proprietary estoppel or under the Inheritance (Provision for Family and Dependants) Act 1975 without renouncing their executorship? Can an executor, before the application for the
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