Estate administration protocols

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Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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9th Nov
Practice notes
Trust litigation has been classified as being of three types:•a dispute as to the trusts on which trustees hold the subject matter of the settlement•a...
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9th Nov
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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9th Nov
Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
Practice notes
A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
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9th Nov
Practice notes
CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...
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9th Nov
Practice notes
What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 12th Jan
Practice notes
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...
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9th Nov

Most recent Estate administration protocols content

Practice notes
The Wills and Inheritance Quality Scheme is designed to produce, as stated by the Law Society, a quality standard for the production of Wills and the...
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9th Apr
Practice notes
There will be occasions when the client has a disability and the practice has to be in a position to ensure that it is able to ensure there is no...
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9th Apr
Practice notes
In order to be able to qualify for the WIQS 'kitemark', practices will have to satisfy, firstly and crucially, a number of core standards by adopting...
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9th Apr
Practice notes
STOP PRESS: Separate statements of truth to lead to a grant of representation have been replaced by application forms PA1P and PA1A for practitioners...
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9th Apr
Practice notes
The WIQS requires a number of general and basic obligations to the client that must be met and these can be seen as complementary to the core...
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9th Apr
Practice notes
While the administration of an estate is being dealt with, there are two particular issues that may arise:•variation of the dispositions in the Will...
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9th Apr
Practice notes
During the progress of an estate administration, there are a number of matters that are essential to the smooth running of that process. In...
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9th Apr
Practice notes
In general, a practitioner will receive notification of a death and a request to deal with an estate administration by telephone or someone calling...
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9th Apr
Precedents
[name of client][address of client][insert date]Dear [name of client...
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6th Apr
Precedents
[name of client][address of client][insert date]Dear [name of client]Re: [name of deceased] deceased[We OR I] would be grateful if yo...
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6th Apr
Precedents
[name of client][address of client][insert date]Dear [name of client]...
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6th Apr
Precedents
[name of client][address of client][insert date]Dear [name of client]...
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6th Apr
Precedents
[name of client][address of client][insert date]Dear [name of client]Re: [name of...
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6th Apr
Precedents
[name of client][address of client][insert date]Dear [name of client]Re: [...
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6th Apr
Practice notes
After the grant has been obtained, delays often occur and mistakes can be made. This list of matters can be followed to move the estate on to full...
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25th Feb
Q&As
We assume this Q&A seeks information on the steps required to be followed by a practitioner on receiving instructions from a personal representative...
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15th Feb

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