Personal representatives

View Wills & Probate by content type:

Featured Wills & Probate content

Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
Read More >
26th Oct
Practice notes
CORONAVIRUS (COVID-19): Some of the formal requirements for a valid Will in Scotland have been relaxed during the coronavirus pandemic. See News...
Read More >
Produced in partnership with Jacqueline Leslie 13th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
8th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
8th Oct
Practice notes
Nature of dutiesThe difference between a duty and a power is:•the performance of a duty is obligatory•powers are to a greater or lesser degree...
Read More >
29th Sep
Practice notes
Many individuals have international connections that need to be considered when advising on succession planning. For example, they may have been born...
Read More >
Produced in partnership with Russell-Cooke Solicitors 28th Sep
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
26th Sep
Practice notes
Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
Read More >
26th Sep
Practice notes
The rights of a person appointed executor by a Will cease if they:•die without having taken out probate•fail to appear on being cited to take out...
Read More >
26th Sep
Practice notes
ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
Read More >
26th Sep
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...
Read More >
25th Sep
Practice notes
Creation by transfer of property to trusteesIn practice trusts will frequently be created by a settlor transferring assets to independent trustees on...
Read More >
25th Sep
Practice notes
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...
Read More >
25th Sep
Practice notes
By this stage, the draftsperson will have met the client to take instructions and obtained all the relevant information regarding their circumstances....
Read More >
25th Sep
Practice notes
In order to validate their Wills testators dying before 1 January 1964 must have followed the execution formalities set out in the Wills Act 1837 (WA...
Read More >
25th Sep

Most recent Personal representatives content

Q&As
If a grant has been obtained, then the executor is primarily liable for the debts of the deceased due from the estate up to the date of the grant (at...
Read More >
28th Sep
Q&As
Appointment of firm of solicitorsIt is quite common for a testator to appoint a firm of solicitors to be the executors of their estate but care must...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
Section 24 of the Wills Act 1837 provides that a Will only speaks from death. It is therefore possible that an executor may not have been informed of...
Read More >
Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
A grant of administration is required where the deceased died intestate. The order of priority of entitlement follows the entitlement to an...
Read More >
28th Sep
Q&As
A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Where a property is held by two or more persons on the death of one the property immediately vests in the survivor or survivors. It vests outside any...
Read More >
28th Sep
Q&As
Under Non-Contentious Probate Rules 1987, SI 1987/2024 (SI 1987/2024, r 31), a person entitled to a grant of probate or administration'>letters of...
Read More >
Produced in partnership with Helen Galley of XXIV Old Buildings 28th Sep
Q&As
Appointment of personal representatives‘Renunciation’ is the act whereby a person having a right to probate or administration waives and abandons it.A...
Read More >
28th Sep
Q&As
In answering this Q&A, we assume that the Will is being made under English law for a testator resident and domiciled in England and that the Will...
Read More >
28th Sep
Q&As
In the above scenario, an application should be made by the capable executor for the grant of probate to be revoked on the grounds that the grant is...
Read More >
28th Sep
Q&As
A grant of probate granted under the Non-contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 54 is limited ‘…until the original Will or a more...
Read More >
Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
When appointing two trustees to receive a legacy for a minor who is absolutely entitled under section 42(1) of the Administration of Estates Act 1925...
Read More >
Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
A substitutional appointment of a named alternative executor is valid, but the district judge will need evidence that the circumstances giving rise to...
Read More >
28th Sep
Q&As
Was the missing executor a professional or lay individual?It is often clear from the description of the individual in the Will whether executors were...
Read More >
Produced in partnership with Ward Hadaway 28th Sep
Q&As
The general rule is that contractual obligations that a person enters into will subsist after their death, although this will depend on the specific...
Read More >
28th Sep

Popular documents