Family provision claims

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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 Family provision claims content

Q&As
Once the executors are on notice of a claim or potential claim they must not do anything to prejudice that claim (Re Ralphs) and they should adopt a...
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15th Feb
Q&As
Where an applicant dies after commencing an action under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) but prior to an...
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15th Feb
Q&As
A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of...
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Produced in partnership with Graham Stott of gunnercooke LLP 5th Feb
Q&As
Practice Note: The type of grant needed at section ‘Grant ad colligenda bona’ explains that a grant ad colligenda bona may be granted under rule 52 of...
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Produced in partnership with Graham Stott of gunnercooke LLP 14th Jan
Q&As
Practice Notes: Family provision claims—children and those treated as children and Family provision claims—matters of regard for each applicant...
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Produced in partnership with Graham Stott of gunnercooke LLP 8th Jan
Q&As
We have assumed for the purposes of this Q&A that A’s will is validly executed and makes no provision for C.The law of England and Wales allows a...
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Produced in partnership with Adam Draper of Shoosmiths 8th Jan
Q&As
What are an executor’s duties as regards neutrality in the event of a dispute between beneficiaries?The role of the executor is an administrative one....
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Produced in partnership with Adam Draper of Irwin Mitchell LLP 8th Jan
Q&As
Applications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) are regulated by the provisions...
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29th Nov
Q&As
We have understood this question to be regarding whether an adult child, who has been adopted, can make a claim against the estate of their natural...
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29th Nov
Q&As
Practice Note: Family provision claims—practice and procedure explains:'An application for reasonable financial provision under the Inheritance...
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29th Nov
Q&As
There are two potential causes of action against the Will draftsman for a failure to provide advice on a claim under Inheritance (Provision for Family...
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29th Nov

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