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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Featured Wills & Probate content

Practice notes
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...
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9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
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...
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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Wills & Probate content

Practice notes
Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...
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12th Apr
Precedents
[enter name of lender][enter address of lender]Dear [enter organisation name]Re: [enter name of deceased...
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12th Apr
Precedents
[enter stockbroker’s/fund manager’s name ][enter stockbroker’s/fund manager’s address]Dear [[insert organisation name] OR [name of individual...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
Meaning of solventThe rules applicable to the payment of the deceased’s debts and funeral and testamentary expenses depend on whether the estate is...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
Which succession laws apply will be decided differently by different jurisdictions depending on the connecting factor accepted and used by that...
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Produced in partnership with Richard Frimston, Andrew Godfrey and Patrick Malone of Russell-Cooke Solicitors 9th Apr
Practice notes
This Practice Note summarises the issues that need to be considered when personal representatives wish to undertake planning to reduce or defer the UK...
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Produced in partnership with Richard Frimston of Russell-Cooke Solicitors 9th Apr
Practice notes
Child of the deceasedDefinitionA child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and...
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9th Apr
Practice notes
In comparison with the Wills and Inheritance Quality Scheme introduced by the Law Society the STEP code is underwhelming. However, they are probably...
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9th Apr
Practice notes
Variations and other post-death rearrangementsAlthough the terms of a testator’s Will or the provisions applicable on intestacy cannot actually be...
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9th Apr
Practice notes
Usually, the draftsperson will have met the client to take instructions and will have obtained all the relevant information regarding their...
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9th Apr
Practice notes
Civil partnershipsThe Civil Partnership Act 2004 (CPA 2004) puts same sex couples who register their partnerships in the position of married couples...
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9th Apr
Practice notes
Duties in contractThe relationship between a solicitor and client is governed by the terms of the contract between them. This is supplemented by...
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9th Apr
Practice notes
IdentificationBeneficiaries must be clearly identified in the Will, otherwise the gift will fail for uncertainty. When drafting a Will, state the...
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9th Apr
Practice notes
The personal representatives (PRs) of a deceased estate must identify:•all the assets in the estate, and•any liabilities in the estateThe PRs should...
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9th Apr
Practice notes
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...
Read More >
9th Apr
Practice notes
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...
Read More >
9th Apr

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