Distribution of the estate

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Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
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9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
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9th Nov
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
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9th Nov
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
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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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Distribution of the estate content

Practice notes
Duty to keep estate accountsSection 25 of the Administration of Estates Act 1925 (AEA 1925) provides that personal representatives (PRs) have a duty...
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3rd Dec
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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29th Nov
Practice notes
Ascertainment of residueOnce the legacies have been paid, the personal representatives (PRs) can establish the amount available for distribution to...
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29th Nov
Practice notes
Assent by personal representativePersonal representatives (PRs) can transfer assets to beneficiaries in any way appropriate for the lifetime transfer...
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29th Nov
Practice notes
The basic positionThe beneficiaries will want to know that the estate is being effectively administered by the personal representatives (PRs) and will...
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29th Nov
Practice notes
This Practice Note explains the phenomenon of ‘cryptoassets’, namely assets which are issued using distributed ledger technology, alternatively known...
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Produced in partnership with James Brockhurst of Forsters LLP 29th Nov
Q&As
In answering this Q&A it has been assumed:•the surviving spouse has died•the remainder of the estate was left to the surviving spouse and the assets...
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Produced in partnership with Robert Smeath of New Quadrant Partners Ltd 29th Nov
Q&As
There are a number of different forms for such a trust of chattels.Frequently, such a clause will include words which leave the chattels to the...
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29th Nov
Q&As
Claims within two monthsPRs may protect themselves from unknown debts by placing the statutory advertisement for claims under Trustee Act 1925, s 27...
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29th Nov
Q&As
A representative is under a duty to pay the debts of the deceased. The duty was set out clearly in Re Tankard as follows:'it is the duty of executors,...
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Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov
Q&As
Acquisition or appropriation of remainderman's interestUnder the life interest trust, the life tenant would either be entitled to live in the property...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 29th Nov

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