Contains will precedents, IHT returns and probate precedents. Contentious trusts and estates covers the disputes that can frequently arise.
Property analysis: In this appeal the court was asked to determine the effect of the respondent attempting to transfer his legal interest in a...
Trust disputes—trustees' removal under section 41 of the Trustee Act 1925This Practice Note covers the purpose and procedure of section 41 of the...
Devolution of assets and the need for a grantWhen a person dies, they usually own some form of property whether it be land, investments, cash,...
Capacity to make or revoke a WillIn order to make a valid Will, the testator must satisfy a capacity test on two separate occasions:•when they give...
Private Client analysis: The court rejected a claim brought by a disappointed family member of a deceased relative that the said relative had intended...
Private Client analysis: An executrix, Sharon Hudman (Sharon), brought a Part 8 Claim under section 50 of the Administration of Justice Act 1985 (AJA...
Private Client analysis: A beneficiary under the Will of Audrey Thelma Anita Arkell (the ‘Deceased’) brought a Part 8 claim against the executors to...
Restructuring & Insolvency analysis: This decision clearly demonstrates the dangers of dealing with assets falling within the assets of a...
Private Client analysis: The deceased executed a very short homemade Will from his hospital bed during the last weeks of his life. The defendants...
The complete or partial withdrawal of a legacy by an act of the testator during his life.
Pursuant to the Administration of Estates Act 1925 (AEA 1925), s 7(1) the executor of a sole or last-surviving executor of the testator is the executor of the testator: this is known as the chain of executorship.
A will is revocable at any time during the testator's lifetime and can be revoked by: 1. marriage or civil partnership; 2. divorce; 3. another will or codicil; 4. writing, duly declaring an intention to revoke; 5. the testator or someone in his presence and by his direction burning, tearing or otherwise destroying the will with the intention of so doing; 6. the revival of a previous will; 7. a duly executed obliteration, interlineation or other alteration; or 8. by such an unexecuted obliteration as renders what is obliterated no longer apparent.