Problems during the administration

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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 Problems during the administration content

Practice notes
Where an individual dies leaving no known relatives and a probate practitioner is involved, the first step will be to ascertain whether the deceased...
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9th Apr
Practice notes
The Will cannot be foundWhere the deceased’s next of kin or the personal representatives (PRs) believe that the deceased had made a Will but it cannot...
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9th Apr
Practice notes
Test of insolvencySection 421(4) of the Insolvency Act 1986 (IA 1986) provides a statutory test to establish whether an estate is insolvent: the...
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9th Apr
Practice notes
What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 9th Apr
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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24th Mar
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...
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Produced in partnership with Ward Hadaway 5th Mar
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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5th Mar
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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5th Mar
Practice notes
Solicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law Society of England and Wales....
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25th Feb
Q&As
We refer you to the following Commentary: Pensions: Tolley's Administration of Estates [G6.23].This extract explains that section 11 of the Welfare...
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23rd Feb
Q&As
See Practice Notes:•Application for a grant of representation•Preparing the application form PA1P/PA1A for probate or administration'>letters of...
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15th Feb
Q&As
DutyThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must collect and get in the deceased’s estate and...
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15th Feb
Q&As
The executors or administrators appointed to administer a deceased’s estate are responsible for collecting and getting in the real and personal estate...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Feb
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 15th Feb
Q&As
When administering the deceased’s estate, the executors or personal representatives (PRs) have a duty to settle any debts, liabilities and...
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15th Feb
Q&As
An executor, like any other personal representative, has a duty to act diligently and in the best interest of the estate and the beneficiaries. This...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb

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