Probate (non-contentious)

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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—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
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&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
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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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
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—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 Probate (non-contentious) content

Q&As
Should a claim for both agricultural property relief (APR) and the conditional exemption be made on the same parcel of land on the owner’s death?As...
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16th Sep
Q&As
Does the gift to a nil rate band discretionary trust in a Will include assets which attract business property relief?Where any part of the value...
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14th Sep
Q&As
What is the procedure for making an application under CPR Part 19.8(2)(b)(ii)? Must this application be made at the same time as (and on the same Part...
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Produced in partnership with Tom Stewart Coats of XXIV Old Buildings 9th Sep
Q&As
Where a claimant dies during small claims litigation, how should the court be alerted to the death of the claimant whose executor wishes to continue...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 9th Sep
Q&As
Do you need a grant of probate for executors to accept a Part 36 offer pre-issue? What if the Part 36 offer is made post-issue?Fatal claimsThe...
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9th Sep
Q&As
When administering an oath, do I have to verify the deponent’s identity?Rules and guidance from the regulators on this point are thin on the ground,...
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9th Sep
Practice notes
Registration of deathCoronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply...
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9th Sep
Practice notes
Apportionment of IHT burden on deathThe calculation and apportionment of inheritance tax (IHT) due on death can be complex, especially taking account...
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9th Sep
Q&As
On an intestacy where no grant of administration'>letters of administration has yet been issued, could the statutory legatees make or receive a Part...
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9th Sep
Q&As
Can the children of a deceased intestate renounce their right to be administrators in the deed of variation altering the disposition of the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 8th Sep
Q&As
Do details of a Self-Invested Personal Pension (SIPP) have to be included on a Form IHT400? If so, where?See Practice Note: IHT400 completion tips,...
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6th Sep
Practice notes
IHT—deduction of liabilitiesFORTHCOMING CHANGE: As announced at Budget 2018, draft legislation to be included in Finance Bill 2019–20 was published on...
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6th Sep

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