Probate (contentious)

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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 Probate (contentious) content

Q&As
Case studyOne of the two personal representatives (PRs) appointed by the Will of a UK-domiciled man lives abroad and has concealed foreign assets (in...
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Produced in partnership with Helen Galley of XXIV Old Buildings 21st Apr
Q&As
We assume that the caveator’s appearance to the warning stated their contrary interest or a cause against the sealing of the grant. If the caveator...
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Produced in partnership with James Brockhurst of Gowling WLG 19th 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
Testators have freedom to dispose of their estates as they wish, subject to the formal requirements for making a Will, the requirements of...
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9th Apr
Practice notes
In the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) there is only one ground for the claim, namely:'… that the...
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9th Apr
Practice notes
Secret trustsThe enforcement of secret trusts has it roots in equitable doctrines. Here, though, it is not the Will itself that may be the subject of...
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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...
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9th Apr
Practice notes
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...
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Produced in partnership with Richard Dew of Ten Old Square 9th Apr
Practice notes
STOP PRESS: A new form (PA8A) must be used to apply to enter a caveat (from 18 May 2020). See: News Analysis: New probate application process for...
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9th Apr
Practice notes
A grant of probate may be taken out by a maximum of four from any of the executors appointed by the deceased in their Will who are not under a legal...
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9th Apr
Practice notes
In order to validate their Wills testators dying before 1 January 1964 must have followed the execution formalities set out in the Wills Act 1837 (WA...
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9th Apr
Practice notes
These are not probate actions within the definition set out in part 57.1 of the Civil Procedure Rules 1998 (CPR) but they are, necessarily, matters...
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9th Apr
Practice notes
The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) enables the court to make an order for a wide variety of relief in...
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9th Apr
Practice notes
The nature of disputes as to lifetime dispositionsParticularly where an estate appears to be smaller than anticipated, personal representatives (PRs)...
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Produced in partnership with Emma Holland of Stewarts Law 9th Apr
Practice notes
The taxation of the estate is often a significant consideration in the compromise of claims under the Inheritance (Provision for Family and...
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Produced in partnership with Richard Dew of Ten Old Square 9th Apr
Practice notes
IntroductionThe conduct of the party who makes a claim for financial provision has always been a relevant matter. Section 1(6) of the...
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Produced in partnership with Sidney Ross of Ten Old Square 9th Apr
Practice notes
Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay...
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9th Apr
Practice notes
Forfeiture claims may not be probate actions by definition, but they will inevitably involve personal representatives and/or beneficiaries in court...
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9th Apr

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