Probate (non-contentious)

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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 Probate (non-contentious) content

Practice notes
Where an executor is not able to take out a grant of probate to the testator’s Will, there is a strict order of priority of substitutes who can do...
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4th Dec
Practice notes
The rights of a person appointed as executor by a testator’s Will cease if they:•die without having taken out a grant of probate•fail to appear on...
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4th Dec
Q&As
Strictly speaking, termination of a trust on the ending of a qualifying interest in possession (QIIP) trust requires completion of the IHT100 with...
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3rd Dec
Practice notes
Duty to keep estate accountsSection 25 of the Administration of Estates Act 1925 (AEA 1925) provides that personal representatives (PRs) have a duty...
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3rd Dec
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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2nd Dec
Practice notes
FORTHCOMING CHANGE: The postal application forms PA1P and PA1A for practitioners introduced on 23 March 2020 are due to be merged with the forms of...
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2nd Dec
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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2nd Dec
Q&As
For general information, see Commentary: Source of executor's title: Halsbury's Laws of England, Wills and Intestacy [633].In summary, it is the commo...
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30th Nov
Practice notes
The meaning of words commonly found in Private Client drafting and legislation which are intended to refer to children can differ depending on the...
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30th Nov
Practice notes
A deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on intestacy.There are formal requirements for...
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29th 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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29th Nov
Practice notes
Personal representatives (PRs) should have no reason to be liable for losses to the estate, and it is possible to take actions to protect themselves...
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29th Nov
Precedents
[name of stockbroker][address of stockbroker][enter date]Dear [insert organisation name]The late [name of deceased]Share holding: [enter details of...
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29th Nov
Precedents
[insert name of beneficiary][insert address of beneficiary][insert date]Dear [insert name of beneficiary]The late [name of deceased]Further to [our OR...
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29th Nov
Practice notes
Although the construction of a Will or words or terms of a Will may be decided by a court the principles that are adopted do not lean towards the...
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29th Nov
Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. The effect of Brexit on the EU Succession Regulation...
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29th Nov
Practice notes
In order to be able to qualify for the WIQS 'kitemark', practices will have to satisfy, firstly and crucially, a number of core standards by adopting...
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29th 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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29th Nov
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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29th Nov
Practice notes
DefinitionPartial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has failed to dispose...
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29th Nov

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