Estate administration

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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
Probate actions—mutual WillsThe term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties...
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Produced in partnership with Adam Draper of Shoosmiths 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
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
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 Estate administration content

Q&As
Who pays the inheritance tax due on a failed PET where the PET was on the termination of an interest in possession trust during lifetime with trust...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
Does a beneficiary have a right of occupation and what is the procedure to force a sale?Beneficiaries in occupationIt is quite common for a...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
Is SDLT payable on the appointment out of a discretionary trust of a dwelling house to one of the discretionary beneficiaries? If SDLT is payable,...
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1st Aug
Q&As
Where entitlements on an intestacy are formally varied, resulting in less inheritance tax (IHT) to pay, must a copy of the instrument of variation be...
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1st Aug
Q&As
How should an executor proceed where they are selling an estate asset and not all beneficiaries consent to the sale price?See Practice Note: Personal...
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1st Aug
Q&As
Is it permissible for a post-death variation done by way of deed to be executed by the parties on different dates?A deed of variation must comply with...
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1st Aug
Q&As
Can an adult child domiciled outside of the UK (who is not a British citizen) still inherit from their parent’s UK estate under the rules of...
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1st Aug
Q&As
A and B owned a property as beneficial tenants in common and A has died. Does B need to appoint a second trustee of the legal title of the property to...
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1st Aug
Q&As
Are the costs of opening a grave to inter the ashes with the body of a predeceased spouse a reasonable funeral expense payable from the...
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Produced in partnership with Graham Stott of gunnercooke LLP 1st Aug
Q&As
What can a personal representative do on behalf of a deceased member of a company limited by guarantee?Unlike a company limited by shares, in a...
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Produced in partnership with Helen Galley of XXIV Old Buildings 1st Aug
Q&As
Is a contract validly executed if signed by less than all the executors under a Will?Powers and duties of co-executorsThe Q&A envisages that the Will...
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1st Aug
Q&As
Can the trustees of a discretionary NRB trust created in a Will make a loan to a beneficiary prior to assets or cash being vested in them by the...
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1st Aug
Q&As
Can A’s executors have the benefit of an agreement that A entered into with his neighbour to release a restrictive covenant for financial...
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1st Aug
Q&As
How may beneficiaries over 18 vary a later age provision in a Will to vest their gifts immediately?We assume that this Q&A is referring to a situation...
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1st Aug
Q&As
If a husband and wife hold shares in a company jointly, what happens on the death of one of them? Will the deceased's interest be extinguished so that...
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Produced in partnership with Helen Galley of XXIV Old Buildings 1st Aug
Q&As
Can an intestacy be varied?We have not commented on the tax consequences of any rearrangement.A total intestacy occurs when none of the deceased’s...
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1st Aug

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