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

Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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1st Dec
Precedents
Dear [insert organisation name] [name] Deceased (the Deceased) We act for [name] who is [the residuary beneficiary under the Deceased’s Will dated...
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1st Dec
Precedents
Dear [insert organisation name]Our Client: [ ]Your Client: [ ]Re: [insert property address]We act on behalf of [ ].This is our letter of claim in...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 1st Dec
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
Read More >
1st Dec
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
Read More >
1st Dec
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
Read More >
1st Dec
Practice notes
Time limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should generally be commenced before the...
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30th Nov
Practice notes
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...
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29th 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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29th Nov
Practice notes
Claims for reasonable financial provision from an estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 29th Nov
Practice notes
What is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the validity of a Will the solicitor who...
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29th Nov
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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29th 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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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 29th Nov
Practice notes
The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the...
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29th Nov
Practice notes
The High CourtThe Chancery Division of the High Court, which operates after 2 October 2017 as part of the Business and Property Courts, undertakes a...
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29th Nov
Practice notes
Mediation has grown in use as a form of alternative dispute resolution (ADR) in the UK since the Access to Justice Report. It continues to be urged...
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Produced in partnership with James Davies of New Square Chambers 29th Nov
Practice notes
This is simplicity itself in the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) in that there is only one ground for the...
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29th Nov
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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29th Nov
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 29th Nov

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