Practice and procedure

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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
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
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
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
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
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
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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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
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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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Practice and procedure content

Q&As
Where an electronic document review platform is, or can be, used to prepare a party’s disclosure, the closure of their instructing solicitor’s offices...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Nov
Q&As
At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is...
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Produced in partnership with James Tunley of Lamb Chambers 10th Nov
Q&As
The information contained in this response can be found in Practice Note: Practice and procedure—limitation—contentious trusts and estates. The...
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10th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
8th Oct
Q&As
At present, no measures have been enacted specifically to deal with swearing affidavits in circumstances where the deponent and the officer...
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Produced in partnership with Matthew Watson of XXIV Old Buildings 28th Sep
Q&As
The role of an executor is to gather in and administer the assets of the estate and, having satisfied the liabilities of the estate, to distribute in...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Executors and registered landWhen registered land vests in executors as a result of the deceased’s death, the executors are not obliged to register...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
There are specific procedural provisions relating to claims brought by minors or by protected parties (ie those who lack capacity). Minors are not...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
An executor derives their title to sue from the Will and so can validly sue before obtaining a grant of probate. An administrator derives their title...
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Produced in partnership with Adam Draper of Shoosmiths 28th Sep
Q&As
The concept of ‘knowing receipt’ is an aspect of trust law, and in particular provides for a remedy against those who receive trust property which has...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 28th Sep
Q&As
A caveat is effective for six months. It can be extended on an ongoing basis for six months at a time. If the caveat is not renewed it will expire and...
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28th Sep
Q&As
The claim formAny claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) must be brought in accordance...
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28th Sep
Q&As
This Q&A deals with the issue of inheritance tax (IHT) payable when a proprietary estoppel claim is made against an estate. There has been an increase...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep

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