Probate (non-contentious)

Delve into the intricacies of non-contentious probate with our expert guidance, designed to streamline the administration of estates. Our resources equip legal practitioners with the tools needed to efficiently manage estate distribution, ensuring compliance with legal requirements and client satisfaction.

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If an executor lives abroad and does not wish to renounce their appointment, does the original will have to be sent to them or is it possible for them to sign a certified copy?

If an executor lives abroad and does not wish to renounce their appointment, does the original will have to be sent to them or is it possible for them to sign a certified copy?

Rule 10(2) of the Non-Contentious Probate Rules 1987, SI 1987/2024 (SI 1987/2024, r 10(2)) explains that the district judge or registrar may give...

An executor named in a Will cannot be found and is thought to have died. What steps can be taken to locate them or to ascertain whether they are in fact dead?

An executor named in a Will cannot be found and is thought to have died. What steps can be taken to locate them or to ascertain whether they are in fact dead?

Was the missing executor a professional or lay individual?It is often clear from the description of the individual in the Will whether executors were...

Does interest accrued on pecuniary legacies during the administration of an estate count towards the nil rate band allowance in a discretionary trust?

Does interest accrued on pecuniary legacies during the administration of an estate count towards the nil rate band allowance in a discretionary trust?

AEA 1925, s 44 provides that PRs have at least a year from the date of death before any beneficiary may call on them to distribute any part of the...

Fees—Wills & Probate

Fees—Wills & Probate

Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016, SI 2016/911, Sch 1Land...

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What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an