Probate (contentious)

Probate (contentious) guidance:

The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the very least,...

Practice Note

During the lifetime of the testator they will enter in obligations in respect of contracts, covenants, debts, duties etc. Generally these obligations will subsist after...

Practice Note

Most administrations take a little while to complete. In the course of that administration the personal representatives (PRs) will engage in a number of duties that could...

Practice Note

There are a number of circumstances in which it may be desirable, or necessary, to seek the removal by the court of personal representatives (PRs), ie the executors or...

Practice Note

The traditional approach to trust disputes has been to resort to litigation rather than using the less contentious methods of alternative dispute resolution (ADR). At the...

Practice Note

The nature of disputes as to lifetime dispositions Particularly where an estate appears to be smaller than anticipated, personal representatives (PRs) and beneficiaries...

Practice Note

This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the EU. This has implications for practitioners considering which courts have...

Practice Note

Section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is the catch-all provision and can be used if the other criteria do not...

Practice Note

Where the court is satisfied that reasonable financial provision has not been made for an applicant, it has power to make an order under section 2 of the Inheritance...

Practice Note

Child of the deceased Definition A child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975...

Practice Note

Introduction The conduct of the party who makes a claim for financial provision has always been a relevant matter. Section 1(6) of the Inheritance (Family Provision) Act...

Practice Note

The effect of the anti-avoidance provisions contained within the Inheritance (Provision for Family and Dependants) Act 1975 I(PFD)A 1975, ss 10–13 is that a person...

Practice Note

The court is required to move away from the common factors in section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) when considering...

Practice Note

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is designed to allow a court to vary the dispositions effected by the Will or intestacy of a...

Practice Note

Assuming the applicant overcomes the hurdles of proving that they are within the appropriate class of claimants and that the deceased failed to make reasonable provision...

Practice Note

Time limits An application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) cannot be issued after...

Practice Note