Probate (contentious)

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Practice notes
Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...
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19th May
Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
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19th May
Q&As
What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May
Practice notes
Preparing the application form PA1P/PA1A for probate or administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
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19th May
Practice notes
Probate actions—Larke v Nugus requestsWhat is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the...
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19th May
Practice notes
Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...
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19th May
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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19th May
Practice notes
Variation of Will or intestacy after death—Q&AsA deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on...
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19th May
Q&As
Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Revocation of WillRevocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any...
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19th May
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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19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 19th May
Practice notes
Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...
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19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
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19th May

Most recent Probate (contentious) content

Q&As
Where a claimant dies during small claims litigation, how should the court be alerted to the death of the claimant whose executor wishes to continue...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 23rd Jul
Q&As
What is the procedure for making an application under CPR Part 19.8(2)(b)(ii)? Must this application be made at the same time as (and on the same Part...
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Produced in partnership with Tom Stewart Coats of XXIV Old Buildings 23rd Jul
Q&As
If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period...
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22nd Jul
Q&As
Does the donee of a property and financial affairs lasting power of attorney need to get prior court approval before litigating on behalf of the...
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Produced in partnership with James Goldsmith of Cornwall Insight 20th Jul
Q&As
Where a party acted as a guarantor to a lease and dies, does the guarantee die with the party, or does it continue with a new party stepping into the...
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7th Jul
Practice notes
Administration actions—personal representatives bringing and defending proceedings Q&AsThis Practice Note aims to guide practitioners to Q&As and...
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6th Jul
Q&As
Can an executor bring a claim pursuant to section 14 of the Trusts of Land and Appointment of Trustees Act 1996 for an order for sale?We refer you to...
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5th Jul
Practice notes
Practice and procedure—mediation—contentious trusts and estatesMediation has grown in use as a form of alternative dispute resolution (ADR) in the UK...
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Produced in partnership with James Davies of New Square Chambers 29th Jun
Practice notes
Administration actions—misuse of lasting powers of attorney—Q&AsDuring the estate administration it can occasionally transpire that during the...
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23rd Jun
Q&As
A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of...
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Produced in partnership with James Tunley of Lamb Chambers 11th Jun
Q&As
My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jun
Q&As
Is a beneficiary, named in a Will, entitled to see the Will or any part of it before probate is extracted?This Q&A assumes that the Will is not being...
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11th Jun
Q&As
What options are available to deal with money held on client account in relation to a deceased individual's Will trust and no grant of probate has yet...
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10th Jun

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