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Fast find key precedents—probate matter

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Banks v Goodfellow remains good law and has not been superseded by the Mental Capacity Act 2005 (Clitheroe, Re Probate)

Banks v Goodfellow remains good law and has not been superseded by the Mental Capacity Act 2005 (Clitheroe, Re Probate)

The following Private Client news provides comprehensive and up to date legal information on Banks v Goodfellow remains good law and has not been superseded by the Mental Capacity Act 2005 (Clitheroe, Re Probate)

Construction and rectification of Wills (Eade v Hogg)

Construction and rectification of Wills (Eade v Hogg)

The following Private Client news provides comprehensive and up to date legal information on Construction and rectification of Wills (Eade v Hogg)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

The following Family news provides comprehensive and up to date legal information on Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Withdrawing a Part 36 offer despite protected claimant party’s purported acceptance (Wormald (by his mother and litigation friend) v Ahmed)

Withdrawing a Part 36 offer despite protected claimant party’s purported acceptance (Wormald (by his mother and litigation friend) v Ahmed)

The following Dispute Resolution news provides comprehensive and up to date legal information on Withdrawing a Part 36 offer despite protected claimant party’s purported acceptance (Wormald (by his mother and litigation friend) v Ahmed)

Featured Wills & Probate content

Payment of legacies

Payment of legacies

Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...

Warning to caveator

Warning to caveator

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...

Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or letters of administration

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...

Validity of Wills—rectification of Wills

Validity of Wills—rectification of Wills

CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...

Practice notes

Will errors—affidavit evidence

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

The chain of representation

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

Will drafting—hotchpot

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

Revocation of Will

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

Contents of Wills—residuary gifts

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

Power of appropriation

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

Definition of a personal representative

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

Intermeddling in an estate

What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 12th Jan
Practice notes

Missing persons and presumption of death

The disappearance of a person does not automatically enable others to take control of that person's affairs or their property ownership. That can...
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9th Nov
Practice notes

Codicils

Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion...
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9th Nov

Most recent Fast find key precedents—probate matter content

Practice notes

Fast find key precedents—probate matter

Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...
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12th Apr

Popular documents

What is a contract of insurance?

What is a contract of insurance?

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several

Novation—why and how to novate a contract

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is

Burden and standard of proof in criminal proceedings

Burden and standard of proof in criminal proceedings

There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the