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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
Q&As
What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May
Practice notes
Probate actions—mutual WillsThe term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties...
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Produced in partnership with Adam Draper of Shoosmiths 19th May
Practice notes
Preparing the application form PA1P/PA1A for probate or administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
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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
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
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
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

Most recent Application for probate and letters of administration content

Practice notes
Coronavirus (COVID-19)—ProbateThis Practice Note considers the impact of the coronavirus (COVID-19) pandemic on probate practice and provides answers...
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31st Jul
Practice notes
Estates—IHT returns and tax complianceCoronavirus (COVID-19): Due to potential difficulties in having paperwork signed during the coronavirus...
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31st Jul
Practice notes
IHT—nil rate band (NRB) and transferable NRBNil rate band (NRB) and transferable nil rate band (TNRB)Each person's estate is exempt from inheritance...
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Produced in partnership with Lucy Edwards of Penningtons Manches LLP and now maintained by Lexis®PSL 31st Jul
Practice notes
IHT—valuation principles and particular types of propertyThe need to value the estateWhen an individual dies they are considered to have made a...
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Produced in partnership with Ailsa Moorhouse of Penningtons Manches Cooper 31st Jul
Practice notes
Applications for administration'>letters of administration with Will annexedWhen a grant of letters of administration with Will annexed will be madeA...
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31st Jul
Practice notes
Applications for administration'>letters of administration with Will annexed—residuary beneficiariesWhere an executor is not able to take out a grant...
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31st Jul
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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31st Jul
Practice notes
Preparing the application form PA1P/PA1A for probate or administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
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31st Jul
Practice notes
Funding inheritance taxSources of fundsPractitioners should advise the personal representatives (PRs) to make arrangements for funding inheritance tax...
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31st Jul
Practice notes
Non-Contentious Probate FeesOn 22 April 2014, the fees for non-contentious probate applications as set out in the table in Schedule 1 to the...
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31st Jul
Practice notes
Application for a grant of representationCoronavirus (COVID-19): Due to potential difficulties in having paperwork signed during the coronavirus...
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31st Jul
Practice notes
Will errors—affidavit evidenceAffidavit evidenceUsually the information contained in application form PA1P or PA1A or the online application (formerly...
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31st Jul
Practice notes
Preparing the online application for probate or administration'>letters of administrationThere are two ways in which a practitioner can apply for a...
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31st Jul
Precedents
Letter to client advising application papers lodged at HMCTS Probate[name of client][address of client][insert date]Dear [name of client]Estate of...
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30th Jul
Precedents
Letter submitting postal application for grant of probate or administration'>letters of administration[Relevant district Probate Office.][enter...
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30th Jul
Precedents
Letter to Probate Registry with draft application wording for settlingSTOP PRESS: This Precedent has been updated in light of the introduction of...
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30th Jul
Q&As
When completing form IHT402, what should you do if the Will of the first spouse has gone missing or cannot be located? Would the form need to be...
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14th Jul
Q&As
What steps are required when a personal representative requests a practitioner to apply for administration and not to administer the estate of the...
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25th Jun

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