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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
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
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
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
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
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
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
What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 12th Jan
Practice notes
The disappearance of a person does not automatically enable others to take control of that person's affairs or their property ownership. That can...
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9th Nov
Practice notes
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion...
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9th Nov

Most recent Administration actions content

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
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 Mark Lindley of Boodle Hatfield LLP 9th Apr
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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9th Apr
Practice notes
What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 9th Apr
Practice notes
During the lifetime of the testator they will enter in obligations in respect of contracts, covenants, debts, duties etc. Generally these obligations...
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9th Apr
Practice notes
Most administrations take a little while to complete. In the course of that administration the personal representatives (PRs) will engage in a number...
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9th Apr
Practice notes
This Practice Note covers the purpose and procedure of section 41 of the Trustee Act 1925 (TA 1925), which confers jurisdiction on the court to...
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Produced in partnership with Jessica Stafford of Charles Russell Speechlys LLP 9th Apr
Q&As
Beneficiaries in occupationIt is quite common for a beneficiary to occupy the deceased’s property. This can occur in two situations. The first is, as...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 16th Mar
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 26th Feb
Q&As
Referencing a deceased party on a claim formWhere the claimant is deceased and there is a grant of representation, the claimant will still be the...
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24th Feb
Q&As
Where a person dies, all of their real estate devolves by operation of law on the personal representatives (PRs) of the deceased. By section 9 of the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb
Q&As
A potential claim does not generally become extinguished by the death of the prospective claimant; it is open for it to be brought, or continued, by...
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15th Feb
Q&As
DutyThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must collect and get in the deceased’s estate and...
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15th Feb
Q&As
The general rule is that contractual obligations that a person enters into will subsist after their death, although this will depend on the specific...
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15th Feb
Q&As
For the purpose of this Q&A, we have assumed that:•the child of the deceased is not a minor•a grant of administration'>letters of administration has...
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Produced in partnership with Helen Galley of XXIV Old Buildings 15th Feb

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