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

Q&As
Loan notes are often subject to specific transfer restrictions so the Personal Representatives (PRs) would first need to review the relevant terms and...
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16th Apr
Q&As
Joint owners of land hold the property on trust, which essentially separates the legal interest from the beneficial interest. Under the Law of...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 16th Apr
Practice notes
In administering the assets of an estate, there are some assets and liabilities that can be easily overlooked. As well as checking what assets and...
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16th Apr
Practice notes
Meaning of solventThe rules applicable to the payment of the deceased’s debts and funeral and testamentary expenses depend on whether the estate is...
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9th Apr
Practice notes
Insolvent estateThe estate of a deceased person is insolvent if, when all assets are realised, it will be insufficient to meet in full all the debts...
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9th Apr
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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9th Apr
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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9th Apr
Practice notes
Common law and civil law principles affecting foreign estatesPersonal representatives (PRs) will come across foreign estates in the context of assets...
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9th Apr
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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9th Apr
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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9th Apr
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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9th Apr
Practice notes
This Practice Note explains the phenomenon of ‘cryptoassets’, namely assets which are issued using distributed ledger technology, alternatively known...
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Produced in partnership with James Brockhurst of Forsters LLP 9th Apr
Practice notes
The personal representatives (PRs) are responsible for finalising the deceased's tax affairs. They must file outstanding tax returns and claim any...
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9th Apr
Practice notes
Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that...
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Produced in partnership with Kerry Bornman of 3 Stone Buildings, Erin Hitchens of XXIV Old Buildings and Robert Avis of Charles Russell Speechlys 9th Apr
Precedents
[name of employer][address of employer][enter date]Dear [insert organisation name]The late [name of deceased] [enter department or employee number if...
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6th Apr
Precedents
[enter name of company][enter address of company]Dear [insert organisation name]The late [...
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6th Apr
Precedents
[enter name of company][enter address of company][enter date]Dear [insert organisation name]The late [name of deceased]...
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6th Apr
Precedents
[name of Pensions Service office][address of Pensions Service office][enter date]Dear [insert organisation name]The late [name of deceased]National...
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6th Apr

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