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Q&As
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 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—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 administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
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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
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
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
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
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 Practice and procedure content

Q&As
What is the limitation period for knowing receipt?The concept of ‘knowing receipt’ is an aspect of trust law, and in particular provides for a remedy...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 1st Aug
Q&As
If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period...
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1st Aug
Q&As
What is the procedure to remove a caveat?A caveat is effective for six months. It can be extended on an ongoing basis for six months at a time. If the...
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1st Aug
Q&As
Does the donee of a property and financial affairs lasting power of attorney need to get prior court approval before litigating on behalf of the...
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Produced in partnership with James Goldsmith of Cornwall Insight 1st Aug
Q&As
If the deceased died intestate and a claim was commenced prior to administration'>letters of administration, should a new conditional fee agreement...
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1st Aug
Q&As
If a successful claim for proprietary estoppel has been made against an estate of a deceased person, will inheritance tax be payable on the estate of...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
How can you protect a beneficiary's interest in property under a Will? I understand a residuary beneficiary cannot enter a restriction, however can a...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st 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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1st Aug
Q&As
In a probate claim on the basis of lack of testamentary capacity, where the executors are the law firm which drafted the Will, who would be the...
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1st Aug
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...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

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