Immediate steps following death

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Practice notes
Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...
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19th May
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
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
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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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
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
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
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 Immediate steps following death content

Practice notes
Registration of deathCoronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply...
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9th Sep
Practice notes
Obtaining the WillIs there a Will?The first step will be to search the deceased’s house and papers for either the Will, a copy or correspondence...
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3rd Sep
Q&As
Issues to consider when you need to access to a deceased person's inbox—Probate considerations (Part 2)Considerations in respect of the deceased...
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3rd Sep
Practice notes
Coronavirus (COVID-19)—ProbateThis Practice Note considers the impact of the coronavirus (COVID-19) pandemic on probate practice and provides answers...
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16th Aug
Q&As
Is a beneficiary, named in a Will, entitled to see the Will or any part of it before probate is extracted?This Q&A assumes that the Will is not being...
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15th Aug
Precedents
Immediate steps following a death—client guideCoronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special...
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15th Aug
Precedents
Letter to local press enclosing section 27 notice[enter name of newspaper][enter address of newspaper]The late [name of deceased]Dear [insert...
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15th Aug
Practice notes
Death abroadCoronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply to the...
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15th Aug
Q&As
Can a firm of solicitors refuse to release to us a copy of a Will which appoints our client as executor without the authority of the other executor...
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15th Aug
Practice notes
Initial steps to identify assets and liabilitiesThe personal representatives (PRs) of a deceased estate must identify:•all the assets in the estate,...
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15th Aug
Q&As
How should the person dealing with an estate proceed where they have a copy of the Will but cannot find the original? What should be put in the oath...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Aug
Q&As
Coronavirus (COVID-19)—What happens when the family of a deceased person are unable to register the death and make funeral arrangements due to being...
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15th Aug
Q&As
In an insolvent estate, are the costs of insuring the deceased's property during the administration period regarded as testamentary expenses when it...
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15th Aug
Practice notes
The body and burial disputesSTOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 15th Aug
Q&As
Can section 27 of the Trustee Act 1925 notices be placed before the grant of probate or representation has been obtained?Section 27 of the Trustee Act...
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15th Aug
Practice notes
Funeral arrangementsCoronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply...
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15th Aug
Practice notes
Securing and protecting assetsPersonal representatives (PRs) have extensive powers to administer the deceased’s estate.Securing the assetsThe PRs'...
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15th Aug
Q&As
In the event that an individual dies intestate, and no grant has yet been extracted, who is entitled to make decisions in respect of the disposal of...
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15th Aug
Q&As
What protection is available to executors appointed under the deceased’s Will who wish to pay funeral expenses and distribute the simple estate...
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15th Aug

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