Wills &amp; Probate Law

Does interest accrued on pecuniary legacies during the administration of an estate count towards the nil rate band allowance in a discretionary trust?

An executor named in a Will cannot be found and is thought to have died. What steps can be taken to locate them or to ascertain whether they are in fact dead?

If an executor lives abroad and does not wish to renounce their appointment, does the original will have to be sent to them or is it possible for them to sign a certified copy?

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What steps should be taken where a trust deed has been lost and a copy cannot be located?

How can an individual request a search for a caveat before applying for a grant?

Perfecting imperfect gifts—a new authority (Khan v Mahmood)

Property analysis: In this appeal the court was asked to determine the effect of the respondent attempting to transfer his legal interest in a...

Practice notes

Trust disputes—trustees' removal under section 41 of the Trustee Act 1925

Trust disputes—trustees' removal under section 41 of the Trustee Act 1925This Practice Note covers the purpose and procedure of section 41 of the...

Practice notes

Devolution of assets and the need for a grant

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,...

If personal chattels are left in a Will to trustees to distribute in accordance with a written memorandum, how should the items be distributed of no memorandum is found following the testator's death?

Practice notes

Capacity to make or revoke a Will

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...

If an executor has intermeddled, can they have power reserved to them?

Private Client—Wills, secret trusts and proprietary estoppel (Titcombe v Ison)

Private Client analysis: The court rejected a claim brought by a disappointed family member of a deceased relative that the said relative had intended...

A beneficiary of an estate is buying out the other beneficiaries’ entitlement so that they can keep an investment portfolio in the estate. Should the executors use the value as at the date of death to calculate what the beneficiary needs to pay to the others or should they re-value the estate as at the date of the transfer/buy-out?

Removal of executor for irrational and hostile conduct (Hudman v Morris)

Private Client analysis: An executrix, Sharon Hudman (Sharon), brought a Part 8 Claim under section 50 of the Administration of Justice Act 1985 (AJA...

Charities win Will construction claim (Royal Commonwealth Society for the Blind v Beasant)

Private Client analysis: A beneficiary under the Will of Audrey Thelma Anita Arkell (the ‘Deceased’) brought a Part 8 claim against the executors to...

Executors—beware section 284 of the Insolvency Act 1986 (Sleight (as trustee in bankruptcy of Charles Edward Holdroyd deceased) v Callin)

Restructuring & Insolvency analysis: This decision clearly demonstrates the dangers of dealing with assets falling within the assets of a...

Contentious probate—section 9 of the Wills Act 1837—capacity—knowledge and approval—pleading (Gardiner v Tabet)

Private Client analysis: The deceased executed a very short homemade Will from his hospital bed during the last weeks of his life. The defendants...

Two discretionary trusts are established through two deeds of variation of the Will of a deceased individual. How do the related settlement rules apply to the two trusts created and what is their effect on the nil rate band available to each trust? Does section 266 of the Inheritance Tax Act 1984 have any application?

What will land registry require to enable a charge to be released when an individual lender was about to sign a form DS1 but passes away before signing?

Where a property is held as tenants in common by Will—trustees and an individual (X) and the terms of the Will trust authorise the sale and purchase of a replacement property (subject to X’s consent), must the replacement property be held in the same proportions of beneficial interest as the original property?

Will Brexit have any impact on the application of the EU Succession Regulation on cross-border estates, and the drafting of Wills in England and Wales?