Distribution of the estate

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Q&As
Pecuniary legaciesA pecuniary legacy is defined in section 55(ix) of the Administration of Estates Act 1925 (AEA 1925). It can include an annuity and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 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
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
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
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
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 Distribution of the estate content

Q&As
Is a debt owing to a joint account owned by a wife and deceased husband a joint asset which passes by survivorship to the surviving spouse?We have...
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1st Aug
Q&As
Where all legal owners of a property have died, how is unregistered land transferred to Will trustees?We have assumed that there are express trusts...
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1st Aug
Q&As
Do the expenses incurred as a result of a specific gift fall to the specific gift or to residue?Obligations of the Personal RepresentativeThe Practice...
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1st Aug
Q&As
Can the trustees of a discretionary NRB trust created in a Will make a loan to a beneficiary prior to assets or cash being vested in them by the...
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1st Aug
Q&As
Does the right of survivorship apply to jointly-owned property that is not real property?Joint tenancy with right of survivorship is a type of...
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1st Aug
Q&As
Where an estate has been distributed in accordance with the intestacy rules but a Will turns up a number of years later leaving the estate to an...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 1st Aug
Q&As
Would a coin collection and/or Kruggerands fall within the definition of chattel with regards to a person's estate?We direct you to the definition of...
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1st Aug
Q&As
Where a beneficiary of an estate also owes debts to the estate, can those debts be offset against the legacy? If the beneficiary disputes the debt are...
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1st Aug
Q&As
What is the statutory basis for the exemption from a charge to stamp duty land tax where a donee of land under a Will or intestacy pays the...
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1st Aug
Q&As
Where no funds have been collected in by the end of the executor’s year, is a pecuniary legatee still entitled to be paid interest from the end of the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
Do you have any information about value elements and charging for administration of estate work?In answering this Q&A, we have assumed that the estate...
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1st Aug
Q&As
How should executors check whether an overseas beneficiary is bankrupt? What protection is there for executors when distributing assets to overseas...
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1st Aug
Q&As
Can monies paid out to a beneficiary under an estate be recovered in the event that the estate is successfully sued several years after its...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
If a Will contains a legacy of real property ‘free of transfer costs’, how are the costs and expenses relating to the upkeep of the property during...
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1st Aug
Q&As
An intestate had a bank account in Spain. Does this form part of the intestate's estate for calculating the statutory legacy due to the spouse?When a...
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1st Aug

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