Probate (non-contentious)

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Codicils

Codicils 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 deletion...

Missing persons and presumption of death

The disappearance of a person does not automatically enable others to take control of that person's affairs or their property ownership. That can...

Intermeddling in an estate

What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...

Definition of a personal representative

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...

Practice notes

Power of appropriation

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...

9th Nov

Practice notes

Contents of Wills—residuary gifts

What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...

9th Nov

Practice notes

Revocation of Will

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...

9th Nov

Practice notes

Will drafting—hotchpot

Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....

9th Nov

Practice notes

The chain of representation

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...

9th Nov

Practice notes

Will errors—affidavit evidence

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...

9th Nov

Practice notes

Validity of Wills—rectification of Wills

CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...

9th Nov

Practice notes

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

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...

9th Nov

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...

9th Nov

Practice notes

Payment of legacies

Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...

9th Nov

In-house

Most recent Probate (non-contentious) content

Practice notes

Applications for letters of administration with Will annexed—residuary beneficiaries

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...

4th Dec

Practice notes

Removal, renunciation and retirement of personal representatives

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...

4th Dec

Q&As

The deceased, A, created a lifetime qualifying interest in possession trust. A has now died and the trust has terminated. Does an IHT100 need to be filed with HMRC?

Strictly speaking, termination of a trust on the ending of a qualifying interest in possession (QIIP) trust requires completion of the IHT100 with...

3rd Dec

Practice notes

Estate accounts

Duty to keep estate accountsSection 25 of the Administration of Estates Act 1925 (AEA 1925) provides that personal representatives (PRs) have a duty...

3rd Dec

Practice notes

Preparing the online application for probate or letters of administration

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...

2nd Dec

Practice notes

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

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...

2nd Dec

Practice notes

Application for a grant of representation

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...

2nd Dec

Q&As

What is the authority for the testator’s real and personal property vesting in the executor from the date of death without any interval of time?

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...

30th Nov

Practice notes

The meaning of ‘children’ in Private Client

The meaning of words commonly found in Private Client drafting and legislation which are intended to refer to children can differ depending on the...

30th Nov

Practice notes

Variation of Will or intestacy after death—Q&As

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...

29th Nov

Practice notes

Death abroad

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...

29th Nov

Practice notes

Personal representatives—protection and relief from liability

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...

29th Nov

Precedents

Grant letter to Stockbroker instructing on transfer and or sale of shares

[name of stockbroker][address of stockbroker][enter date]Dear [insert organisation name]The late [name of deceased]Share holding: [enter details of...

29th Nov

Precedents

Interim distribution letter and/or interim accounts to residuary beneficiary

[insert name of beneficiary][insert address of beneficiary][insert date]Dear [insert name of beneficiary]The late [name of deceased]Further to [our OR...

29th Nov

Practice notes

Will interpretation—principles of construction

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...

29th Nov

Practice notes

Will drafting—EU Succession (Brussels IV)

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...

29th Nov

Practice notes

WIQS—core practice management standards

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...

29th Nov

Practice notes

Lost Will procedure

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...

29th Nov

Practice notes

Personal representatives—powers, duties and remuneration

Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...

29th Nov

Practice notes

Partial intestacy

DefinitionPartial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has failed to dispose...

29th Nov