ARCHIVED: This Precedent is archived and is not maintained. Wildlife and Countryside Act 1981, section 53(2) and Schedule 14, para 1 [Title of Definitive Map and Statement] To: [name of authority] of: [address of authority] [I OR We], [name

Who may apply for probate or letters of administration An application for a grant of representation can be made personally, by the executors named in the Will or the proposed applicants for a grant of letters of administration, known collectively as the personal representatives (PRs), or through a professional probate practitioner on behalf of the PRs. This Practice Note covers the procedure which applies where the application is made by a probate practitioner on behalf of the PRs. Where the application is to be made by lay PRs without a probate practitioner, the procedure is slightly different and guidance is available online. How to apply for probate or letters of administration Probate practitioners may apply for a grant of representation on behalf of the PRs: • by post, using application form PA1P (where there is a Will) or PA1A (where there is not a Will), or • online, using the HMCTS online application service Every application for a grant of representation, other than a resealing, must be supported by an appropriate statement

Property Disputes analysis: This is an important decision because it adds to the emerging case law under Part 5 and Schedule 8 to the Building Safety Act 2022 (BSA 2022). It is the third decision of the First-tier Tribunal (Property Chamber) (FTT) concerning an application for a remediation order (RO) after Waite v Kedai (2-4 Leigham Court Road), decided on 9 August 2023, and Culpin v Stockwood Land 2 (Orchard House), decided on 12 December 2023. By Robert Bowker, barrister at Tanfield Chambers.

Obtain necessary information to draft statement in support of application for validation order: • a company search • a copy of the winding-up petition • details of the debt and, if disputed, details of the dispute • up-to-date accounts and forecasts, including bank account statements • details of the intended dispositions (including continued trading if relevant) and/or transfers (including supporting documentation) • if the asset is a property, identification of the property including title numbers • valuation evidence if an asset is to be disposed of See Practice Note: Validation orders—dispositions of property after commencement of winding up. Draft: • witness statement in support from a director or officer of the company who is intimately acquainted with the company's affairs and financial circumstances. If appropriate, supporting evidence from the company's accountant should also be produced.

Family analysis: In a short judgment, Charles Morrison, sitting as a deputy High Court judge, declined to make an order under Article 54 of Regulation (EU) 1215/2012, Brussels I (recast) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in respect of an Italian freezing order. Alex Laing, barrister at Coram Chambers, examines the judgment.

Restructuring & Insolvency analysis: Just Trays Ltd (JTL) responded to a statutory demand served by Emu Products Ltd (EPL) with an application to restrain the presentation of a winding-up petition, on grounds that there was a clear and substantial dispute concerning the debt claimed in the statutory demand. The substance of the dispute related to the common director between JTL and EPL, and the manner in which EPL came to supply JTL and how it benefitted from such supply, with JTL alleging the relevant individual's role amounted to a breach of directors' duties and asserting a cross claim for damages arising from secret profits and/or misuse of confidential information and/or exploitation of intellectual property rights developed as a result of the supply by EPL. In relation to the relevant test, which is whether there is a genuine triable issue which is real as opposed to frivolous, the Judge found in favour of JTL, and granted the injunction. Written by Katie Farmer, partner at Trowers & Hamlins LLP.

FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions require secondary legislation from Scottish Ministers to be brought into force whereas the provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation. This Practice Note deals with the procedure for obtaining confirmation in intestate estates. For testate estates, or those aspects of applying for confirmation which are the same for both testate and intestate estates, see Practice Note: Application for confirmation in Scotland—testate cases. Appointment of executor Order of succession The rules of intestate succession are set out in the Succession (Scotland) Act 1964 (S(S)A 1964).

FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions require secondary legislation from Scottish Ministers to be brought into force whereas the provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation as required. This Practice Note describes the procedure for obtaining confirmation in Scotland in testate estates in situations both where no inheritance tax (IHT) is payable and where IHT is payable. For information on obtaining confirmation in intestate estates, see Practice Note: Application for confirmation in Scotland—intestate cases. What is confirmation? ‘Confirmation’ is a document issued by a Sheriff Court, confirming the appointment

An application to the court for a date to be set for the pronouncement of a decree nisi or of a conditional order.

Note that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022. Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6

This Practice Note explains how to apply for a decree nisi in proceedings for nullity (application for a matrimonial order) where the application was issued before 6 April 2022 and identifies the court forms needed. It also explains the procedure for applying to set aside a certificate of entitlement and rescinding a decree nisi and when a rehearing is appropriate On 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 does not make substantive changes to the law regarding nullity proceedings, there are some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 affecting applications for nullity and nullity of marriage orders that are issued on or after 6 April 2022. The changes relate primarily to changes to terminology, updated forms and changes to provisions regarding service. For nullity proceedings issued on or after 6 April 2022, see Practice Notes: Commencing and filing nullity proceedings (post-DDSA 2020), Standard cases—nullity proceedings (post-DDSA 2020) and Disputed nullity

The procedure for the hearing of an application for access to the information and material used to obtain a search warrant or comparable order, where the investigator wants the court to withhold that information, is governed by Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, rr 5.7–5.10. These rules have been amended to codify the decision in Metropolitan Police Commissioner v Bangs, which is analysed in this Practice Note. Does a magistrate have jurisdiction to hear an application? Following Eastenders Cash and Carry v South Western Magistrates Court a magistrate would be correct to adopt the starting point that a claimant was entitled to see the information which persuaded the court to issue a search warrant unless the public interest requires that some or all of the material relied upon should not be disclosed. When a court is considering an application for a search warrant and exercises its statutory power to grant one, the court is under a duty to provide its reasons for doing so in public