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
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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9th Apr
Practice notes
The intestacy rulesIf the deceased died totally or partially intestate, either because they did not leave a valid or effective Will or parts of their...
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9th Apr
Practice notes
Date from which the Will speaksUnless there is a contrary intention in the Will, then:•in relation to identifying property, the Will speaks and takes...
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9th Apr
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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9th Apr
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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9th Apr
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 9th Apr
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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15th Feb
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 15th Feb
Q&As
Section 184 of the Law of Property Act 1925Section 184 of the Law of Property Act 1925 (LPA 1925) provides that where two persons have died in...
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15th Feb
Q&As
Beneficial entitlements to the estateThe Administration of Estates Act 1925 (AEA 1925) deals with the beneficial entitlements to an estate in an...
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15th Feb
Q&As
The Practice Note: Payment of legacies states that where a legatee of either a general legacy or a share in residue is a debtor to the estate, the...
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15th Feb

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