Distribution of the estate

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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
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
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
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
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
If a residuary beneficiary has lost capacity, what is the process of obtaining a valid receipt if the gift is given to the beneficiary outright? How...
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15th Aug
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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15th 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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15th 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 15th Aug
Precedents
Deed of appropriation for personal representativesThis Deed is made on [date]Parties1[insert name of first personal representative] of [insert...
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15th Aug
Practice notes
Probate involving vulnerable or disabled individualsCoronavirus (COVID-19): During the coronavirus (COVID-19) pandemic the formalities for signing and...
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15th Aug
Q&As
Are there any rules a personal representative must follow to satisfy themselves as to the identity of a beneficiary particularly if an adult child is...
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15th Aug
Q&As
Where an unwanted nil rate band discretionary trust is unscrambled within two years of death, do the assets in the trust need to be appropriated prior...
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15th 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 15th Aug
Q&As
What is an executor’s duty to enquire into the status of a beneficiary when they have reason to suspect the beneficiary has entered into an Individual...
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15th Aug
Q&As
For a specific legacy of foreign property in an English Will covering worldwide assets, are any costs, expenses, rents and profits the responsibility...
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15th Aug
Q&As
Will a deed of variation be valid where the beneficiaries of the Will (both current and proposed) are minors?In order for a variation to qualify for...
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15th Aug

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