A specific legacy is a gift of particular property forming part of the testator’s estate at death. To be effective, a specific legacy must be part of the testator’s property at death and must be identifiable by sufficient description and distinguished from the testator’s estate generally. For further guidance, see Practice Notes: Contents of Wills—legacies and Payment of legacies. Executors have a duty to deal with the estate using the powers given to them in the deceased’s Will, and all relevant statutory powers. For further guidance on powers of executors, see Practice Note: Personal representatives—powers,

An executor derives his title and authority from the will of his testator. Therefore, the property of the deceased, including any right of action, vests in the executors on the testator's death. The clause in the Will which provides for the appointment of 'my solicitors … and no more than two of the partners' to be executors and trustees of the Will is not specific as to the individual solicitors to be appointed. In accordance with previous case law, the clause is likely to be viewed as

Where a Will appoints X, Y and Z of executors and trustees and X and Y obtained the Grant of Probate with power reserved to Z, Z will need to be retired as trustee of the ongoing trusts established by the Will unless the Will makes any provision to the contrary. Given that Z does not have the capacity to disclaim the trusteeship, it may be possible

Section 114(2) of the Senior Courts Act 1981 provides that: ‘where under a will … a life interest arises, any grant of administration by the High Court shall be made either to a trust corporation … or to not less than two individuals, unless it appears to the court to be expedient in all the circumstances to appoint an individual as sole administrator.’ So the

It is relatively common that where a Will is professionally prepared, advice will be given that it may be beneficial to have professional executors appointed, or appointed alongside a lay executor. There is good reason for such advice; the probate process can be stressful and emotionally draining, particularly

If a Will appoints ‘the partners, members or directors’ in a law firm/company, it is accepted in practice by the Probate Court that two of them may act on behalf of the body and that, if the body does not want to accept the appointment (ie ‘renounce probate’), two of the partners, members or directors may effect the renouncement on behalf of the body. However, the process and authority for decision making by members of the LLP should also be considered. The mutual rights and duties of the members of a limited liability partnership are usually governed

This Q&A assumes that the appointment of the partners of the law firm as executors (alongside the testator's spouse) has been accepted and the partners only wish to disclaim the trusteeship of the ongoing Will trust(s). The formalities for the partners to disclaim the ongoing trusteeship will depend on the precise terms of the testator's Will. Depending on the wording used in the Will, it is usually the case that the appointment of partners of a law firm as executors and trustees refers to the partners as at the date of the

Can renouncing executors who are disclaiming their role as trustees also disclaim their power to appoint new trustees conferred by the Will? This Q&A concerns the issue of the appointment of new trustees when that power is conferred by the Will on executors who are intending to renounce their executorship and also disclaim as trustees. The factual position is that the Will appoints various persons as executors

Agricultural Property Relief Agricultural relief applies to agricultural property as defined in section 115(2) of the Inheritance Tax Act 1984 (IHTA 1984) and, as here, can be 100% if the relevant conditions are satisfied. See Practice Note: IHT—agricultural property relief and Gov UK Guidance: Agricultural relief for Inheritance Tax. The relief is given by reference to the agricultural

It is common for a Will which contains an appointment of the partners or members of a specified firm of solicitors to include provision that the appointment extends to the partners or members of a firm (or directors of a company) which succeeds to and carries on the practice of the specified firm at the date of the testator's death. Where the Will incorporates such wording then, if there is actually a successor firm, the partners in that firm will be appointed. The wording used in the Will is important because there may be a ‘successor firm or company’ provision, but the actual successor practice may not be covered by it, for example, because it is a company and the Will refers to a firm (which is an unincorporated body) or because the clause requires that

What would be the effect of the following example clause to appoint executors?: I appoint the partners [including salaried partners] in the firm of [name] [of [address] OR who practice at the office of the firm at [address] at the date of my death or the firm which at that date has succeeded to and carries on their practice to be the executors and trustees of this will and in the event of such firm being incorporated as either a limited company or a limited liability partnership at that time then I appoint the [directors and] shareholders to be the executors and trustees of this will

The Trust referred to is an interest in possession trust. The life tenant is entitled to live in the property for their lifetime and is obliged, under the terms of the trust to be responsible for all utility bills. The tenant for life is, of course, not obliged to live there but could live elsewhere and take the rents and profits from the property. Either way, they will be responsible for the payment of outgoings which should be paid out of income. There is no reference in the trust deed to the liability for repairs but assuming that the property was in good repair