Crafting wills is a fundamental aspect of private client practice. This topic offers expert guidance on drafting, executing, and contesting wills, ensuring your clients' wishes are clearly articulated and legally sound, while addressing potential challenges and disputes.
This Q&A refers to a situation where a grant ad colligenda bona has been issued and addresses whether the subsequent application for a full grant must...
Private Client analysis: on 23 June 2026, the government announced a package of tax and customs measures aimed at simplifying and modernising the tax...
Private Client analysis: Anticipatory declarations are a mechanism by which the Court of Protection can give care providers the legal authority to...
Private Client analysis: The Ministry of Justice (MoJ) has announced changes to probate and Court of Protection fees payable to HM Courts & Tribunals...
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...
Personal representatives and trustees—power of appropriationAppropriation is a process by which a personal representative (PR) or a trustee uses a specific asset in the estate or trust fund to meet, in full or in part, a beneficiary’s entitlement or interest.Personal representatives' common law and
Revival of revoked WillsModes of revivalA testator who has revoked their Will either with or without making a new one may wish to revive the revoked Will. The testator may write out the revoked Will again and execute it in accordance with section 9 of the Wills Act 1837 (WA 1837) or take advantage
Contents of Wills—rules of apportionmentThe rules of apportionment should be considered at the moment of drafting the Will. Whenever a Will creates a trust, some rules of apportionment may be applied or excluded unless they have been dealt with expressly in the wording of the Will.Essentially, the
Failure of gifts—lapseThere are a number of reasons why a gift may fail, including where a gift has lapsed. For further guidance on the various reasons for the failure of a testamentary gift, see Practice Note: Failure of gifts—effects. This Practice Note considers the doctrine of lapse in more
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