Personal representatives

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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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28th 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...
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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
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
Pecuniary legaciesA pecuniary legacy is defined in section 55(ix) of the Administration of Estates Act 1925 (AEA 1925). It can include an annuity and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
Section 25 of the Administration of Estates Act 1925 (AEA 1925) imposes a duty on the personal representative (PR) to collect and get in the real and...
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28th Sep
Q&As
We refer you to Practice Note: Appointment of personal representatives, in particular section: administration'>Letters of administration, which...
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28th Sep
Q&As
The renunciation by an executor of their duties will not be effective if they have already intermeddled in the estate. The details regarding...
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28th Sep
Q&As
An executor intermeddles in an estate if they have performed actions relating to the deceased’s estate. By carrying out these actions, an individual...
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Produced in partnership with Robert Smeath of New Quadrant Partners Ltd 28th Sep
Q&As
A personal representative is a fiduciary. The general rule is that a fiduciary cannot benefit from their position and therefore cannot be paid for...
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28th Sep
Q&As
See Practice Note: Removal, renunciation and retirement of personal representatives, which explains that an executor may renounce probate or have...
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28th Sep
Q&As
Case StudyA is the attorney of B under a valid power of attorney. B is the leaseholder of a property. A signs lease extension documents on B’s behalf...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Two issues arise in the scenario of this Q&A:•what is the correct procedure to take in such circumstances?•what action could the administrators have...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
If the executor is a lay executor, they may be entirely unsure of what they require and why. It could be as simple as files relating to property...
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28th Sep
Q&As
A trust is created where one or more persons (the trustees) are under an obligation to hold property in their name or under their control (the trust...
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28th Sep
Q&As
This Q&A covers the situation where the executors have in no measure intermeddled with the estate. This Q&A is limited to considering the situation...
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28th Sep
Q&As
The intestacy rulesThere are two elements regarding the intestacy rules:•who is entitled to a grant when the deceased has died without making a...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
Acting as executorIf a person is appointed as executor of an estate and has lost capacity, they cannot apply for the grant of probate.In those...
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Produced in partnership with Adam Draper of Shoosmiths 28th Sep

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