Wills & Probate Law

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.

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Latest Wills & Probate News

Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

The following Private Client news provides comprehensive and up to date legal information on Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

Will drafting error causes dispute over knowledge and approval (Mundil-Williams v Williams)

The following Private Client news provides comprehensive and up to date legal information on Will drafting error causes dispute over knowledge and approval (Mundil-Williams v Williams)

Proprietary estoppel and the interface with property contracts (Howe v Gossop)

The following Dispute Resolution news provides comprehensive and up to date legal information on Proprietary estoppel and the interface with property contracts (Howe v Gossop)

Temporal gymnastics—practical guidance for Presumption of Death Act 2013 applications (Austin v Mitchell)

The following Family news provides comprehensive and up to date legal information on Temporal gymnastics—practical guidance for Presumption of Death Act 2013 applications (Austin v Mitchell)

Featured Wills & Probate content

Codicils

Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion...

Missing persons and presumption of death

The disappearance of a person does not automatically enable others to take control of that person's affairs or their property ownership. That can...

Intermeddling in an estate

What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...

Definition of a personal representative

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...

Practice notes

Power of appropriation

Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...

9th Nov

Practice notes

Contents of Wills—residuary gifts

What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...

9th Nov

Practice notes

Revocation of Will

Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...

9th Nov

Practice notes

Will drafting—hotchpot

Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....

9th Nov

Practice notes

The chain of representation

Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...

9th Nov

Practice notes

Will errors—affidavit evidence

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...

9th Nov

Practice notes

Validity of Wills—rectification of Wills

CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...

9th Nov

Practice notes

Preparing the application form PA1P/PA1A for probate or letters of administration

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...

9th Nov

Precedents

Warning to caveator

Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...

9th Nov

Practice notes

Payment of legacies

Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...

9th Nov

In-house

Most recent Wills & Probate content

Practice notes

Fast find key precedents—probate matter

Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...

12th Apr

Precedents

Estate administration—Letter to lender requesting loan facility release

[enter name of lender][enter address of lender]Dear [enter organisation name]Re: [enter name of deceased...

12th Apr

Precedents

Estate administration—Letter to stockbroker

[enter stockbroker’s/fund manager’s name ][enter stockbroker’s/fund manager’s address]Dear [[insert organisation name] OR [name of individual...

9th Apr

Q&As

Where there is more than one residuary beneficiary of an estate, if a claim is made against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, can one of the beneficiaries settle the claim made against their share of the estate and another beneficiary defend the claim against their share?

The Inheritance (Provision for Family and Dependants) Act 1975Section 1(1) and 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975...

9th Apr

Q&As

Where a specific gift relates to a named property, or such other property as the testator shall live at the time of their death, and the named property has been sold during their lifetime and they have not purchased a new property as they moved into a care home, does the gift fail? Is it possible to construe the gift as including the proceeds of sale of the named property? What provisions in the Will would support such a construction of the gift?

A legacy of a particular residence would be classified as a specific legacy and therefore, if the testator does not own the property in question at...

9th Apr

Practice notes

Capital gains tax issues on death

STOP PRESS: The Office of Tax Simplification published its first report on the review of capital gains tax (CGT) on 11 November 2020. The report...

9th Apr

Practice notes

Payment of debts—solvent estate

Meaning of solventThe rules applicable to the payment of the deceased’s debts and funeral and testamentary expenses depend on whether the estate is...

9th Apr

Practice notes

Payment of debts—insolvent estate

Insolvent estateThe estate of a deceased person is insolvent if, when all assets are realised, it will be insufficient to meet in full all the debts...

9th Apr

Practice notes

Forced heirship and succession law

Which succession laws apply will be decided differently by different jurisdictions depending on the connecting factor accepted and used by that...

Produced in partnership with Richard Frimston, Andrew Godfrey and Patrick Malone of Russell-Cooke Solicitors 9th Apr

Practice notes

Cross-border post-death planning

This Practice Note summarises the issues that need to be considered when personal representatives wish to undertake planning to reduce or defer the UK...

Produced in partnership with Richard Frimston of Russell-Cooke Solicitors 9th Apr

Practice notes

Family provision claims—children and those treated as children

Child of the deceasedDefinitionA child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and...

9th Apr

Practice notes

STEP code for Will preparation in England and Wales

In comparison with the Wills and Inheritance Quality Scheme introduced by the Law Society the STEP code is underwhelming. However, they are probably...

9th Apr

Practice notes

Variation of Will or intestacy after death

Variations and other post-death rearrangementsAlthough the terms of a testator’s Will or the provisions applicable on intestacy cannot actually be...

9th Apr

Practice notes

Will drafting—planning the Will

Usually, the draftsperson will have met the client to take instructions and will have obtained all the relevant information regarding their...

9th Apr

Practice notes

Will drafting—civil partners and same sex marriage

Civil partnershipsThe Civil Partnership Act 2004 (CPA 2004) puts same sex couples who register their partnerships in the position of married couples...

9th Apr

Practice notes

Will drafting—professional negligence

Duties in contractThe relationship between a solicitor and client is governed by the terms of the contract between them. This is supplemented by...

9th Apr

Practice notes

Contents of Wills—beneficiaries who can take under a Will

IdentificationBeneficiaries must be clearly identified in the Will, otherwise the gift will fail for uncertainty. When drafting a Will, state the...

9th Apr

Practice notes

Initial steps to identify assets and liabilities

The personal representatives (PRs) of a deceased estate must identify:•all the assets in the estate, and•any liabilities in the estateThe PRs should...

9th Apr

Practice notes

Validity of Wills—signature

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...

9th Apr

Practice notes

The chain of representation

Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...

9th Apr