Cross-border estates

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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
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
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 Cross-border estates content

Practice notes
Cross-border post-death planningThis Practice Note summarises the issues that need to be considered when personal representatives wish to undertake...
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Produced in partnership with Richard Frimston of Russell-Cooke Solicitors 31st Jul
Practice notes
Unilateral relief—UK IHTUnilateral relief may be available as a credit against UK inheritance tax (IHT) where a tax of a character similar to IHT has...
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Produced in partnership with Andrew Godfrey and Yousafa Hazara of Russell-Cooke Solicitors LLP 31st Jul
Practice notes
Administration of estates—foreign assetsCommon law and civil law principles affecting foreign estatesPersonal representatives (PRs) will come across...
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31st Jul
Practice notes
Situs of assets for succession and IHTWhen you advise an individual on cross-border issues or offshore tax planning, it is important to establish the...
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31st Jul
Practice notes
Cross-border inheritance tax issuesThis Practice Note covers UK inheritance tax (IHT) issues in cross-border situations and deals with: actual and...
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Produced in partnership with Richard Frimston and Andrew Godfrey of Russell-Cooke Solicitors 31st Jul
Practice notes
Will drafting—applying the EU Succession RegulationOverviewRegulation (EU) No 650/2012 (the Succession Regulation) applies from 17 August 2015 across...
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Produced in partnership with Michael Wells-Greco and Sophie Hart of Charles Russell Speechlys 31st Jul
Practice notes
Resealing of foreign grantsWhere the deceased died domiciled in a country to which the Colonial Probates Act 1892 (CPA 1892) and the Colonial Probates...
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31st Jul
Practice notes
Forced heirship and succession lawWhich succession laws apply will be decided differently by different jurisdictions depending on the connecting...
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Produced in partnership with Richard Frimston, Andrew Godfrey and Patrick Malone of Russell-Cooke Solicitors 31st Jul
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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31st Jul
Practice notes
Recognition of grants and confirmations within the UKFor probate purposes, the UK consists of three jurisdictions:•England and Wales•Scotland•Northern...
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31st Jul
Practice notes
Death abroadCoronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply to the...
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31st Jul
Practice notes
Administration of estates—non-domiciled individualsPersonal representatives (PRs) will come across cross-border estates in the context of the deceased...
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31st Jul
Q&As
Where does the rule come from that immovable property is governed on a non-domiciled person's death in accordance with the laws of their country of...
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11th Jun
Q&As
Can a refund of inheritance tax be claimed where falling exchange rates result in lower proceeds being received by the personal representatives on...
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6th Jun
Q&As
Will Kenya recognise a UK will and grant of probate where the will purported to dispose of Kenyan property?The guidance available on Lexis®PSL and...
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6th Jun
Q&As
To what extent will English law recognise and enforce in England a trust holding only foreign property, if both the trustee and beneficiary are...
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6th Jun
Q&As
What law would govern succession where the Will provides for a legacy to be paid out of assets situated outside England & Wales, but the Will itself...
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6th Jun
Q&As
Is it possible to reseal a Dutch grant of probate in the UK?It is only possible to reseal probate documents that have been issued by a jurisdiction...
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6th Jun

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