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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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....
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25th Sep
Practice notes
IdentificationThe personal representatives (PRs) must identify:•the beneficiary entitled•what each beneficiary is entitled to receive•the time at...
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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...
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25th Sep

Most recent Personal representatives content

Q&As
We have assumed for this purposes of this response that the partners of the firm were not individually named in the Will and that the firm of...
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28th Sep
Q&As
Rule 21 of the Non-Contentious Probate Rules 1987, SI 1987/2024, provides that where a gift to any person is void by reason of section 15 of the Wills...
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28th Sep
Q&As
We would like to refer you to Practice Note: Executor's and administrator's authority prior to the grant and Commentary: A7: Authority Prior to the...
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28th Sep
Q&As
Practice Note: Probate actions—caveats and citations outlines that a copy of the warning must be served on the caveator. In addition, it is customary...
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28th Sep
Q&As
On the death of a sole executor or a sole surviving executor where the estate administration is incomplete and there is an unbroken chain of...
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28th Sep
Q&As
An executor derives their title and authority from the Will of the testator and not from any grant of probate. The property of the deceased, including...
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28th Sep
Q&As
We refer you to the following which you may find useful for your purposes:•Part 8 claim form for removal of an executor or substitution of a personal...
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28th Sep
Q&As
In practice, it does not matter a great deal whether the beneficiary is a pecuniary legatee, a specific legatee or a residuary beneficiary. However,...
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28th Sep
Q&As
On the death of a property owner, their interest in the premises vests in their personal representative under the Administration of Estates Act 1925...
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28th Sep
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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28th Sep
Q&As
Referencing a deceased party on a claim formWhere the claimant is deceased and there is a grant of representation, the claimant will still be the...
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28th Sep
Q&As
For the purposes of this Q&A, it is assumed that the deceased was a sole buyer.If the buyer dies between exchange and completion, the validity of the...
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28th Sep
Q&As
This Q&A assumes that:•W survived H for at least 28 days•H left no surviving issue, such that W was entitled to the whole of H’s estate on intestacyA...
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28th Sep
Q&As
In these circumstances, it is appropriate to address such a notice ‘to the personal representative of X’ (the deceased) by virtue of the...
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28th Sep
Q&As
It is not clear whether the Q&A refers to a grant of probate or a grant of administration'>letters of administration. For the purposes of this Q&A, we...
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28th Sep

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