Probate (non-contentious)

View Wills & Probate by content type:

News

Practice notes

Precedents

Q&As

Latest Wills & Probate News

Digital legacy planning and Apple’s new feature

The following Wills & Probate news provides comprehensive and up to date legal information on Digital legacy planning and Apple’s new feature

Changes to the excepted estate rules for IHT and procedure from January 2022

The following Private Client news provides comprehensive and up to date legal information on Changes to the excepted estate rules for IHT and procedure from January 2022

Testamentary exercise of powers of appointment (Equiom v Velarde)

The following Private Client news provides comprehensive and up to date legal information on Testamentary exercise of powers of appointment (Equiom v Velarde)

Proprietary estoppel fails as defence to claim for possession of farm (Earl of Plymouth v Rees)

The following Private Client news provides comprehensive and up to date legal information on Proprietary estoppel fails as defence to claim for possession of farm (Earl of Plymouth v Rees)

Featured Wills & Probate content

Preparing the online application for probate or letters of administration

Preparing the online application for probate or administration'>letters of administrationThere are two ways in which a practitioner can apply for a...

Where an IHT100 is required as a trust reaches its ten-year anniversary and there is an exception to the requirement to file an IHT100 when the value of the trust does not exceed 80% of the NRB. As the trust was created by two settlors, is the exemption threshold calculated by 80% of one NRB, or 80% of the two NRBs available?

Where an IHT100 is required as a trust reaches its ten-year anniversary and there is an exception to the requirement to file an IHT100 when the value...

Payment of legacies

Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...

Payment of debts—solvent estate

Payment of debts—solvent estateMeaning of solventThe rules applicable to the payment of the deceased’s debts and funeral and testamentary expenses...

Q&As

Where three executors have taken the grant of probate, can one executor sign a transfer deed for the sale of an estate property?

Where three executors have taken the grant of probate, can one executor sign a transfer deed for the sale of an estate property?The general rule is...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 16th Nov

Practice notes

Practice and procedure—civil procedure—contentious trusts and estates

Practice and procedure—civil procedure—contentious trusts and estatesCoronavirus (Covid-19): For news and other resources to assist dispute resolution...

16th Nov

Q&As

If a husband and wife hold shares in a company jointly, what happens on the death of one of them? Will the deceased's interest be extinguished so that the shares pass automatically to the surviving spouse without becoming part of the estate?

If a husband and wife hold shares in a company jointly, what happens on the death of one of them? Will the deceased's interest be extinguished so that...

Produced in partnership with Helen Galley of XXIV Old Buildings 16th Nov

Q&As

Does a residuary beneficiary have the right to request estate accounts from executors before a grant of probate has issued?

Does a residuary beneficiary have the right to request estate accounts from executors before a grant of probate has issued?Where there is a Will which...

16th Nov

Practice notes

Jurisdiction in probate matters

Jurisdiction in probate mattersRole of the courtThe High Court has jurisdiction in relation to probates and administration'>letters of administration,...

16th Nov

Q&As

What is the process for applying for a second grant of probate when the first executor has passed away and the second executor had power reserved?

What is the process for applying for a second grant of probate when the first executor has passed away and the second executor had power...

16th Nov

Q&As

What is the statutory interest on legacies paid after the executor's year?

What is the statutory interest on legacies paid after the executor's year?Executor’s yearThe beneficiaries will want to know that the estate is being...

16th Nov

Practice notes

Devolution of assets and the need for a grant

Devolution of assets and the need for a grantA person generally dies owning some form of property whether it be land, cash, furniture and so on. A...

16th Nov

Q&As

A grant of probate has been issued with powers reserved to an appointed executor under a Will. How can the executor obtain full powers?

A grant of probate has been issued with powers reserved to an appointed executor under a Will. How can the executor obtain full powers?Reservation of...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 16th Nov

Q&As

If an individual died intestate and a grant was issued to their partner ‘for the use and benefit of’ the deceased’s parent ‘limited until further representation be granted’, what is the position if the deceased’s partner is unable to continue to act and the parent has died? Can the deceased’s step-parent apply for a grant de bonis non administrates?

If an individual died intestate and a grant was issued to their partner ‘for the use and benefit of’ the deceased’s parent ‘limited until further...

16th Nov

Precedents

Warning to caveator

Warning to caveatorWarning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To...

16th Nov

Practice notes

Probate actions—Larke v Nugus requests

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...

16th Nov

Q&As

Where a tenant in common of a freehold property has died, can the sole remaining tenant in common appoint another trustee in order to grant a lease over the property, if the grant of representation for the deceased has not yet been issued?

Where a tenant in common of a freehold property has died, can the sole remaining tenant in common appoint another trustee in order to grant a lease...

16th Nov

Precedents

Letter of claim—probate action

Letter of claim—probate actionDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of [name]...

16th Nov

Precedents