Probate (non-contentious)

Probate (non-contentious) guidance:

In administering the assets of an estate, there are some assets and liabilities that can be easily overlooked and apart from checking whether these exists the personal...

Practice Note

Foreign estates Personal representatives (PRs) will come across foreign estates in the context of foreign located assets, foreign-located deceased (in the sense of...

Practice Note

NOTE: This Practice Note applies, in the main, to applications made by a practitioner by post. It is to make an application online in certain specified cases but the...

Practice Note

Appointment Executors may be appointed: • expressly by Will • impliedly by Will (according to the tenor of the Will) • the Will may nominate someone to appoint executors....

Practice Note

The calculation and apportionment of inheritance tax (IHT) due on death can be complex, especially taking account of trust interests, chargeable lifetime transfers, the...

Practice Note

Ascertainment of residue Once the legacies have been paid, the personal representatives (PRs) can establish the amount available for distribution to the residuary...

Practice Note

Assent by personal representative Personal representatives (PRs) can transfer assets to beneficiaries in any way appropriate for the lifetime transfer of such property....

Practice Note

The need for a grant The production of a grant of probate or letters of administration is usually necessary to establish the right to recover or receive any part of the...

Practice Note

The basic position The beneficiaries will want to know that the estate is being effectively administered by the personal representatives (PRs) and will be concerned to...

Practice Note

This Practice Note is based on material originally produced by Tolley This Practice Note outlines how to calculate the amount of inheritance tax (IHT) that arises on an...

Practice Note

This Practice Note was originally produced in partnership with Tolley Guidance and is now maintained by Lexis®PSL. Death is not a disposal but is a deemed acquisition The...

Practice Note

FORTHCOMING CHANGE: As originally announced at Budget 2018, the government ran a consultation between 1 April and 1 June 2019 on proposals to curtail capital gains tax...

Practice Note

Deaths at sea and abroad The death should be registered by the relevant service department and then with the General Register Office where it occurred: • on a merchant...

Practice Note

Executors and administrators are referred to as personal representatives (PRs). An executor is a person appointed by a valid Will or codicil to administer the testator’s...

Practice Note

Digital assets survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that asset, whatever their age....

Practice Note

The intestacy rules If the deceased died totally or partially intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to: • all the movable...

Practice Note