Problems during the administration

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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
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Nov
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
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 Problems during the administration content

Q&As
A provision in a valid and binding shareholders’ agreement, to which the testator is a party, will always take precedence over a conflicting provision...
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7th May
Practice notes
Where an individual dies leaving no known relatives and a probate practitioner is involved, the first step will be to ascertain whether the deceased...
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7th May
Practice notes
The Will cannot be foundWhere the deceased’s next of kin or the personal representatives (PRs) believe that the deceased had made a Will but it cannot...
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9th Apr
Practice notes
Test of insolvencySection 421(4) of the Insolvency Act 1986 (IA 1986) provides a statutory test to establish whether an estate is insolvent: the...
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9th Apr
Practice notes
What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 9th Apr
Practice notes
This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on probate practice and provides answers or guidance on some of the...
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24th Mar
Q&As
Was the missing executor a professional or lay individual?It is often clear from the description of the individual in the Will whether executors were...
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Produced in partnership with Ward Hadaway 5th Mar
Practice notes
Coronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply to the preparation of...
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5th Mar
Practice notes
The disappearance of a person does not automatically enable others to take control of that person's affairs or their property ownership. That can...
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5th Mar
Practice notes
Solicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law Society of England and Wales....
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25th Feb
Q&As
We refer you to the following Commentary: Pensions: Tolley's Administration of Estates [G6.23].This extract explains that section 11 of the Welfare...
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23rd Feb
Q&As
See Practice Notes:•Application for a grant of representation•Preparing the application form PA1P/PA1A for probate or administration'>letters of...
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15th Feb
Q&As
DutyThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must collect and get in the deceased’s estate and...
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15th Feb
Q&As
The executors or administrators appointed to administer a deceased’s estate are responsible for collecting and getting in the real and personal estate...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Feb
Q&As
The person who must take the requisite action is the person(s) who are the executor(s) appointed under the (copy) Will.Attempts to find the original...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Feb

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