Estate administration

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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 Estate administration content

Practice notes
Duty to keep estate accountsSection 25 of the Administration of Estates Act 1925 (AEA 1925) provides that personal representatives (PRs) have a duty...
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3rd Dec
Practice notes
A deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on intestacy.There are formal requirements for...
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29th Nov
Precedents
[name of stockbroker][address of stockbroker][enter date]Dear [insert organisation name]The late [name of deceased]Share holding: [enter details of...
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29th Nov
Precedents
[insert name of beneficiary][insert address of beneficiary][insert date]Dear [insert name of beneficiary]The late [name of deceased]Further to [our OR...
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29th Nov
Practice notes
Effect of the grantThe grant of representation is an order of the court, its purpose to confirm the appointment of the personal representative(s)...
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29th 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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29th Nov
Practice notes
Although the terms of a testator’s Will or the provisions applicable on intestacy cannot actually be altered by the beneficiaries of the estate...
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29th Nov
Practice notes
Ascertainment of residueOnce the legacies have been paid, the personal representatives (PRs) can establish the amount available for distribution to...
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29th Nov
Practice notes
In administering the assets of an estate, there are some assets and liabilities that can be easily overlooked and apart from checking whether these...
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29th Nov
Practice notes
Time for paymentPersonal representatives (PRs) have a duty to pay the deceased's debts with due diligence, having regard to the assets in their hands...
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29th Nov
Practice notes
Foreign estatesPersonal representatives (PRs) will come across foreign estates in the context of foreign located assets, foreign-located deceased (in...
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29th Nov
Practice notes
The basic positionThe beneficiaries will want to know that the estate is being effectively administered by the personal representatives (PRs) and will...
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29th Nov
Practice notes
Insolvent estateIf an estate is insolvent, the beneficiaries under the Will or the next of kin under the intestacy rules will receive nothing, nor...
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29th Nov
Practice notes
Variations and other post-death rearrangementsAlthough the terms of a testator’s Will or the provisions applicable on intestacy cannot actually be...
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29th Nov
Precedents
[name of registrar][address of registrar][enter date]Dear [insert organisation name]The late [name of deceased]Share holding: [enter details of...
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29th Nov
Precedents
[enter name of company][enter address of company]Dear [insert organisation name]The late [...
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29th Nov
Precedents
[name of Bank or Building Society][address of Bank or Building Society]Dear [i...
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29th Nov
Precedents
[enter company name][enter company address]Dear [insert organisation name]The late [...
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29th Nov
Precedents
[name of debtor][address of debtor][enter date]Dear [insert organisation name]The late [name of deceased][enter details of debt eg account details][We...
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29th Nov
Precedents
[enter name and address of creditor]Dear [insert organisation name]The late [name of deceased] [enter det...
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29th Nov

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