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NEWS
This Q&A considers the situation where a sole executor died before taking the grant of probate in a testator (T’s) estate and the chain of representation has therefore been broken. It sets out how the executor of the deceased executor would deal with administering (T’s) estate.
NEWS
This Q&A considers whether the partners or members in a successor practice of a law firm whose partners were appointed as executors in a Will can apply for a grant of representation in place of the partners in the specified practice.
NEWS
This Q&A considers whether a legatee, who is aged 20 at the date of the testator’s death and is due to receive a legacy under a Will upon reaching the age of 25, can disclaim the legacy.
NEWS
This Q&A considers the steps and documents required where a Will leaves the deceased's beneficial interests in various properties to a trust. Before the estate administration is complete (ie while the properties are still vested in the executors) the trustees wish to appoint their chose in action in some of the properties in question to a particular beneficiary.
NEWS
This Q&A considers whether, if A and B held property as tenants in common. A died leaving his share in one property to C and his share in another property to D and E. B has lost capacity but has a registered lasting power of attorney appointing C and D as attorneys. Can C and D as B's attorneys transfer the legal title to the joint names of B & C in respect of the first property and B, D and E in respect of the second property.
NEWS
This Q&A considers whether can the executors of A register a Form A restriction in a case where A and B severed their joint tenancy by mutual notice of severance, with only an uncertified copy existing. Both made wills suggesting they considered the tenancy severed shortly thereafter. A died soon after, and the Form A restriction was not registered prior to A's death.
NEWS
This Q&A considers whether, if a client has received a gift of funds from his aunt. His brother has received the same amount. The brothers have agreed between themselves to use the funds for her care if she requires it and they have drawn up a Deed to document this. Will the terms of the Deed override their Wills (their Wills leave their respective estates to their wives).
NEWS
This Q&A considers a grant applied for on the basis that the deceased was domiciled in England and Wales, but it now transpires that they were domiciled in Spain. It also considers the most appropriate course of remedial action, an application to amend the grant, or an application to revoke the grant and apply for a new grant.