LexisPSL Wills & Probate provides a range of procedural and substantive guidance set out in topics that reflect your thought process, both in terms of the underlying issues as well as the different stages of proceedings. Practice Notes set out key principles, supported by the underlying authority, with examples of how these principles apply in practice. Related documents are highlighted to enable quick progression to other documents and further reading links take you through to relevant material in LexisLibrary; the research work is done for you.
Definition and purpose of a Will In general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the Wills Act 1837 (WA...
Identification The personal representatives (PRs) must identify: • the beneficiary entitled • what each beneficiary is entitled to receive • the time at which each legacy...
Revocation of a Will A Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a Will may only be...
Executors An executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The omission to appoint one...
English law distinguishes between the law governing the administration of a deceased's estate and that governing succession to the estate. In most civil law jurisdictions...
Appointment Executors may be appointed: • expressly by Will • impliedly by Will (according to the tenor of the Will) • the Will may nominate someone to appoint executors....
Probate Where the deceased left a valid Will appointing an executor who is able and willing to prove the Will, apply for a grant of probate. The executor(s) may be...
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 probate • renounce...
Creation by transfer of property to trustees In practice trusts will frequently be created by a settlor transferring assets to independent trustees on the basis that the...
Making a Will When a person dies, it must be established whether they made a valid Will. If not, the deceased's estate will be administered in accordance with the law of...
Role of the court The High Court has jurisdiction in relation to probates and letters of administration, in particular all contentious and non-contentious jurisdiction...
This Practice Note is produced in partnership with Russell-Cooke Solicitors. Many individuals have international connections that need to be considered when advising on...
Poor quality instructions, delay, failure to properly assess capacity, drafting errors and confusion over the scope of the retainer are all strong contributors to...
In order to validate their Wills testators dying before 1 January 1964 must have followed the execution formalities set out in the Wills Act 1837 (WA 1837) and Wills Act...
By this stage, the draftsperson will have met the client to take instructions and obtained all the relevant information regarding their circumstances. Armed with this and...
Nature of duties The difference between a duty and a power is: • the performance of a duty is obligatory • powers are to a greater or lesser degree discretionary in...
