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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
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
Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...
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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
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
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
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 Administration actions content

Practice notes
Trust disputes—trustees' removal under section 41 of the Trustee Act 1925This Practice Note covers the purpose and procedure of section 41 of the...
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Produced in partnership with Jessica Stafford of Charles Russell Speechlys LLP 13th Sep
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 9th Sep
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 9th Sep
Q&As
On an intestacy where no grant of administration'>letters of administration has yet been issued, could the statutory legatees make or receive a Part...
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9th Sep
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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7th Sep
Q&As
What action can a creditor take against a non-cooperative executor to satisfy a judgment debt obtained against the estate?The role of an executor is...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As
Can A bring a claim against B's estate to recover assets that belong to A (assets which A had lent B during their lifetime)?We have assumed that there...
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18th Aug
Q&As
Where an individual is holding cash which an administrator believes belonged to the deceased, can the administrator demand the cash before...
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16th Aug
Q&As
Do you have a Precedent application to remove an executor pre-grant (where the executor has been struck off the roll of solicitors for dishonesty)?For...
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15th Aug
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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15th Aug
Q&As
Where a beneficiary has been living in the deceased’s property for a number of years, do they have a right of occupation? What can the executors do to...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Aug
Q&As
What happens to a claimant’s claim, or standing to bring legal proceedings, when they die before the proceedings have been concluded, or brought?A...
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15th Aug
Q&As
How should a party which is deceased be referenced on a claim form in civil proceedings? Does any reference depend upon a grant of probate?Referencing...
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15th Aug
Q&As
What is the limitation period for challenging the personal representative of an estate for payment of a beneficiary's share or interest?The...
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15th Aug

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