Entitlement to 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
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
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
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
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 Entitlement to the estate content

Q&As
Is a beneficiary, named in a Will, entitled to see the Will or any part of it before probate is extracted?This Q&A assumes that the Will is not being...
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11th Jun
Q&As
Where a beneficiary of a Will dies shortly after the testator and there is no survivorship provision in the Will, does the beneficiary have to survive...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
What information do you have relating to a legacy for a child en ventre sa mère?Section 55(2) of the Administration of Estates Act 1925 (AEA 1925)...
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6th Jun
Q&As
Is there a rebuttable presumption that a legacy to an executor is conditional on him actually taking up the appointment as executor?Unlike a witness...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
Does a gift in a Will to ‘my husband's children’ remain valid even if the deceased later divorces her husband?Where a testator makes a Will and...
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6th Jun
Q&As
Where a married couple die simultaneously (or in circumstances where it is not possible to ascertain which person died first) and intestate, do the...
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6th Jun
Q&As
What is “Cash” for the purposes of Probate? Can it include items that can be liquidated?In Re Wellsted's Will Trusts Wellsted v Hanson it was said:...
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Produced in partnership with Helen Galley of XXIV Old Buildings 6th Jun
Q&As
A has inherited a share of their parents' property subject to a life interest granted to the surviving parent. A is also the executor: does A need to...
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6th Jun
Q&As
If a person is adopted, are they able to inherit from their biological parents' estate under the intestacy rules where their biological parent has...
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5th Jun

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