Administration of trusts

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Practice notes
FORTHCOMING CHANGE: The Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 amend the Non-Contentious Probate Rules 1987, SI 1987/2024 with...
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13th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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Produced in partnership with Mark Lindley of Boodle Hatfield LLP 9th Oct
Practice notes
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...
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9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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8th Oct
Practice notes
Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay...
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26th Sep
Practice notes
Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...
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26th Sep
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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26th Sep
Practice notes
The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
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26th Sep
Practice notes
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...
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25th Sep
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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25th Sep
Practice notes
IdentificationThe personal representatives (PRs) must identify:•the beneficiary entitled•what each beneficiary is entitled to receive•the time at...
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25th Sep

Most recent Administration of trusts content

Practice notes
Letting of agricultural landAgricultural tenanciesThe Agricultural Tenancies Act 1995 (ATA 1995) introduced farm business tenancies (FBTs) to replace...
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25th Sep
Practice notes
Source and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the Trustee Act 1925 (TA 1925) and the...
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25th Sep
Practice notes
General lawThe original trust fundFor a settlement to be effective it needs property to be subject to the trusts. When a settlement is created the...
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25th Sep
Practice notes
The self-dealing ruleThe self-dealing rule is connected to, but distinct from, the fair dealing rule as well as the genuine transaction rule. There is...
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25th Sep
Practice notes
Powers to investTrustees' powers to administer a trust are set out in statute, mainly the Trustee Act 1925 and the Trustee Act 2000 (TrA 2000) as...
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25th Sep
Practice notes
Nature of powersA trustee's powers may be either:•administrative, ie powers relating to prudent management in the discharge of the trustee's duty to...
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25th Sep
Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
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25th Sep
Practice notes
Increasingly, UK trustees hold foreign assets as part of trust property. This may be because:•they have been put into trust by the original...
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25th Sep
Practice notes
General investment powerThe powers possessed by trustees to administer a trust effectively emanate from statute, mainly the Trustee Act 1925 (TA 1925)...
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25th Sep
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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25th Sep
Practice notes
Trustees' powersAs trusts can arise by operation of law as well as by way of express trusts, the law must provide implied powers to enable trustees to...
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25th Sep
Practice notes
Commercial propertyCommercial property is that which is intended to produce a financial return for its owner by being used or occupied by businesses....
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26th Sep
Precedents
This Deed of appointment is made on [date] by [trustees] of [addresses] (the Trustees)Background(A)This deed is supplemental to [the Will of...
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26th Sep
Precedents
[name] TrustTRUSTEE RESOLUTION1We [trustee] of [address] and [trustee] of [address] are the present trustees of the trust dated [date...
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26th Sep
Precedents
This TRUSTEE Power of Attorney is made on [date] by [trustee] of [address] (the Donor).Background(A)The Donor and [co trustees] are the present...
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26th Sep
Precedents
This Deed of Appointment is made on [date] by [trustees] of [addresses] (the Trustees)Background(A)This Deed is supplemental to a trust dated [date]...
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26th Sep
Precedents
This DEED OF Release is made on [date]Parties1[Life Tenant] of [address] (the Life Tenant);2[trustee] of [address] and [trustee] of [address] (the...
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26th Sep
Precedents
This deed of indemnity is made on [date]Parties1[beneficiaries] of [addresses] (the Beneficiaries) and2[trustees] of [addresses] (the...
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26th Sep
Practice notes
FORTHCOMING CHANGE: The EU Fifth Anti-Money Laundering Directive (5MLD) was published in the EU official journal on 19 June 2018 and came into force...
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26th Sep
Practice notes
FORTHCOMING CHANGE: The EU Fifth Anti-Money Laundering Directive (5MLD) was published in the EU official journal on 19 June 2018 and came into force...
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26th Sep

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