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Latest Wills & Probate News

Contact and compensation—will the new law in France bring more claims from beneficiaries of an estate where forced heirship is bypassed by EU succession election?

Contact and compensation—will the new law in France bring more claims from beneficiaries of an estate where forced heirship is bypassed by EU succession election?

Contact and compensation—will the new law in France bring more claims from beneficiaries of an estate where forced heirship is bypassed by EU succession election?

Sealing wills (Re The Will of His late Royal Highness The Prince Philip, Duke of Edinburgh)

Sealing wills (Re The Will of His late Royal Highness The Prince Philip, Duke of Edinburgh)

The following Private Client news provides comprehensive and up to date legal information on Sealing wills (Re The Will of His late Royal Highness The Prince Philip, Duke of Edinburgh)

Administration of estates; Beddoe relief granted to executor

Administration of estates; Beddoe relief granted to executor

The following Private Client news provides comprehensive and up to date legal information on Administration of estates; Beddoe relief granted to executor

No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

The following Wills & Probate news provides comprehensive and up to date legal information on No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

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...

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?

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...

Q&As

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...
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Produced in partnership with Graham Stott of 3 Paper 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
Practice notes

Definition of a personal representative

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 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
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Practice notes

Will drafting—hotchpot

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 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
Practice notes

Failure of gifts—ademption

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

Popular documents

Pension commencement lump sums (PCLSs)

Pension commencement lump sums (PCLSs)

Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part as a tax-free lump sum. HMRC calls this a ‘pension commencement lump sum’ (PCLS). Taking a lump sum is usually at the option of the member who will

Parliamentary committees

Parliamentary committees

Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to

The Financial Assistance Scheme—what are the available benefits?

The Financial Assistance Scheme—what are the available benefits?

The Financial Assistance Scheme—what are the available benefits?THIS PRACTICE NOTE APPLIES TO SCHEMES ENTERING THE FINANCIAL ASSISTANCE SCHEME FROM 1 JANUARY 2012.Where a scheme, its employer(s) and individual members have satisfied the criteria for eligibility into the Financial Assistance Scheme

Amending the articles of association

Amending the articles of association

Amending the articles of associationThis Practice Note summarises the procedure to amend or change a company’s articles of association in accordance with the Companies Act 2006 (CA 2006).Why amend the articles?There are many different reasons why a company may want, or be required, to amend its