Immediate steps following death

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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 Immediate steps following death content

Practice notes
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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29th Nov
Practice notes
Personal representatives (PRs) have extensive powers to administer the deceased’s estate.Securing the assetsThe PRs' overriding duty in undertaking...
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29th Nov
Practice notes
Coronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply to the preparation of...
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29th Nov
Practice notes
The Solicitors Regulation AuthorityThe Solicitors Regulation Authority's Handbook, which contains the Solicitors Regulation Authority's Code of...
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29th Nov
Practice notes
The personal representatives (PRs) must identify:•all the assets in the estate•any liabilities in the estateThe PRs should send preliminary letters to...
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29th 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...
Read More >
29th Nov
Practice notes
Coronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply to the preparation of...
Read More >
29th Nov
Practice notes
The Solicitors Regulation AuthorityThe Solicitors Regulation Authority's Handbook, which contains the new Solicitors Regulation Authority's Code of...
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29th Nov
Precedents
[enter name of newspaper][enter address of newspaper]Dear [insert organisation name]The late [name of deceased]Please find enclosed:...
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29th Nov
Precedents
Client:Fee-earner:Matter:Reviewer:Matter Number:Date:File opening:YesNoN/ACorrection/action pointsIs client clearly identified?Appropriate checklists...
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29th Nov
Precedents
The estate of the late [name of deceased][[I OR We] [enter name(s) of personal representatives] confirm that as [the personal representative OR the...
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29th Nov
Precedents
Coronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply to the preparation of...
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29th Nov
Precedents
Beneficiary details in the Estate of the late [name of deceased]Name of BeneficiaryAddress of BeneficiaryRelationship to [name of deceased]...
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29th Nov
Precedents
The London GazettePO Box 3584NorwichNR7 7WDDear [insert organisation name]The late [name of deceased]Please find enclosed:...
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29th Nov
Practice notes
This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on probate practice and provides answers or guidance on some of the...
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29th Nov
Q&As
Where a person resident in the UK dies abroad, the British Consulate in the jurisdiction will usually liaise with the next of kin if they have been...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
The authority of the executors appointed in the deceased’s Will arises on the death of the testator. Consequently, the executors are entitled to call...
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29th Nov
Q&As
The Presumption of Death Act 2013 (PDA 2013) is due to come into force on 1 October 2014 under the Presumption of Death Act 2013 (Commencement and...
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29th Nov
Q&As
The issue of who owns the cremated ashes of a loved one is an extremely fraught issue. In Williams v Williams, it was held that there was no property...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
The person who must take the requisite action is the person(s) who are the executor(s) appointed under the (copy) Will.Attempts to find the original...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 29th Nov

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