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Will set aside despite solicitor following ‘Golden Rule’ and subsequent expert report suggesting capacity (Hughes v Pritchard)

Will set aside despite solicitor following ‘Golden Rule’ and subsequent expert report suggesting capacity (Hughes v Pritchard)

The following Wills & Probate news provides comprehensive and up to date legal information on Will set aside despite solicitor following ‘Golden Rule’ and subsequent expert report suggesting capacity (Hughes v Pritchard)

Removal of executor for irrational and hostile conduct (Hudman v Morris)

Removal of executor for irrational and hostile conduct (Hudman v Morris)

The following Wills & Probate news provides comprehensive and up to date legal information on Removal of executor for irrational and hostile conduct (Hudman v Morris)

Costs decision in claim for directions where court refused to approve capital appointment (Smith and another v Michelmores Trust Corp Ltd and others)

Costs decision in claim for directions where court refused to approve capital appointment (Smith and another v Michelmores Trust Corp Ltd and others)

The following Wills & Probate news provides comprehensive and up to date legal information on Costs decision in claim for directions where court refused to approve capital appointment (Smith and another v Michelmores Trust Corp Ltd and others)

Jurisdiction challenge to a claim to recover an informal debt (Winslet and others v The Estate of Andreas Gisel)

Jurisdiction challenge to a claim to recover an informal debt (Winslet and others v The Estate of Andreas Gisel)

The following Commercial news provides comprehensive and up to date legal information on Jurisdiction challenge to a claim to recover an informal debt (Winslet and others v The Estate of Andreas Gisel)

Featured Wills & Probate content

Missing persons and presumption of death

Missing persons and presumption of death

Missing persons and presumption of deathThe disappearance of a person does not automatically enable others to take control of that person's affairs or...

Codicils

Codicils

CodicilsCodicils 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...

Does section 33 of the Wills Act apply where a clause in a Will gives residue to 'such of my children who are alive at the date of my death'. There is no substitution and two of the six children pre-deceased the testator?

Does section 33 of the Wills Act apply where a clause in a Will gives residue to 'such of my children who are alive at the date of my death'. There is no substitution and two of the six children pre-deceased the testator?

Does section 33 of the Wills Act apply where a clause in a Will gives residue to 'such of my children who are alive at the date of my death'. There is...

A Will leaves three pecuniary legacies, free of tax, to the executors and the residue to charity. The amount of chargeable lifetime gifts made in the seven years prior to the death exceed the NRB allowance for the estate. Taking into consideration the legacies made in the Will and the amount of lifetime gifts in excess of the NRB, there will be inheritance tax (IHT) payable. Who is liable for the tax? How is this calculated given that the recipients of those gifts are more than one in number and the amounts gifted all vary?

A Will leaves three pecuniary legacies, free of tax, to the executors and the residue to charity. The amount of chargeable lifetime gifts made in the seven years prior to the death exceed the NRB allowance for the estate. Taking into consideration the legacies made in the Will and the amount of lifetime gifts in excess of the NRB, there will be inheritance tax (IHT) payable. Who is liable for the tax? How is this calculated given that the recipients of those gifts are more than one in number and the amounts gifted all vary?

A Will leaves three pecuniary legacies, free of tax, to the executors and the residue to charity. The amount of chargeable lifetime gifts made in the...

Q&As

An estate has insufficient cash to pay B's pecuniary legacy. Can A, the executor and residuary beneficiary, use their own funds in order to pay B's legacy as an alternative to selling other estate assets, or appropriating them in specie to B?

Pecuniary legaciesA pecuniary legacy is defined in section 55(ix) of the Administration of Estates Act 1925 (AEA 1925). It can include an annuity and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes

Sources of help for solicitors

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
Q&As

What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm was instructed by lay executors who approved the invoice?

What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May
Practice notes

Probate actions—mutual Wills

Probate actions—mutual WillsThe term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties...
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Produced in partnership with Adam Draper of Shoosmiths 19th May
Practice notes

Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
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19th May
Practice notes

Probate actions—Larke v Nugus requests

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 gifts

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 representatives

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&As

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 deceased?

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?

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 testator

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 Will

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

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 legacies

Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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19th May
tag iconIn-house
Practice notes

Intermeddling in an estate

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

Most recent Jurisdiction content

Practice notes

Jurisdiction—the probate court

Jurisdiction—the probate courtSTOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are...
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5th Jun
Practice notes

Jurisdiction—grants in solemn form

Jurisdiction—grants in solemn formThe distinction between grants in common form and those in solemn formThe distinction between grants in common form...
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5th Jun
Practice notes

Jurisdiction—trusts and estates—the High Court and County Courts

Jurisdiction—trusts and estates—the High Court and County CourtsThe High CourtThe Chancery Division of the High Court, which operates after 2 October...
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5th Jun

Popular documents

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for

Issue of redeemable shares

Issue of redeemable shares

Issue of redeemable sharesA limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital

Highways, street works and statutory undertakers

Highways, street works and statutory undertakers

Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus)