Entitlement to 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 Entitlement to the estate content

Practice notes
The meaning of words commonly found in Private Client drafting and legislation which are intended to refer to children can differ depending on the...
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30th Nov
Practice notes
DefinitionPartial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has failed to dispose...
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29th Nov
Practice notes
The intestacy rulesIf the deceased died totally or partially intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply...
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29th Nov
Practice notes
The intestacy rulesIf the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable...
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29th Nov
Practice notes
Date from which the Will speaksUnless there is a contrary intention in the Will, then as to:•property, the Will speaks and takes effect as if it had...
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29th Nov
Q&As
Various jurisdictions outside of the UK recognise the concept of adult adoption. There are a number of reasons why adult adoption might be thought to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
Many Wills will contain provisions that require the recipient of a bequest to have survived for a specified period of time following the death of the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
Each of the original beneficiaries could give away his or her proportionate entitlement to the estate by means of a discreet deed of variation which...
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29th Nov
Q&As
This depends on the wording of the Will. In all likelihood, the Will simply said that, subject to the life tenant’s interest, the trust fund would...
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Produced in partnership with Paul Davies of Clarke Willmott 29th Nov
Q&As
Where a testator makes a Will and subsequently divorces or has their marriage annulled, section 18A of the Wills Act 1837 (WA 1837) provides that any...
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29th Nov
Q&As
In Re Wellsted's Will Trusts Wellsted v Hanson it was said: ‘“Cash”…is a loose expression. Nowadays it does not mean mere cash in one’s pocket, but it...
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Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov
Q&As
This Q&A deals with the issue of inheritance tax (IHT) payable when a proprietary estoppel claim is made against an estate. There has been an increase...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 29th Nov
Q&As
It is important to note that the provisions of the Will deal with the rights of the beneficiary vis a vis the trustees of the Will trust. The answer...
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Produced in partnership with Paul Davies of Clarke Willmott 29th Nov
Q&As
Construction of willsThe main purpose of the court when construing a Will is to ascertain the intention of the testator by interpreting the actual...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 29th Nov
Q&As
Section 55(2) of the Administration of Estates Act 1925 (AEA 1925) states that references to a child or issue living at the death of any person...
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29th Nov

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