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
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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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...
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29th Nov
Practice notes
Breach of dutyA breach of duty may arise where the personal representatives (PRs) distribute an estate without taking into account the existence of a...
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29th Nov
Practice notes
Insolvent estatesAn estate is insolvent if, when realised, it will be insufficient to meet in full the debts and other liabilities to which it is...
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29th Nov
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 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
In answering this Q&A it has been assumed:•the surviving spouse has died•the remainder of the estate was left to the surviving spouse and the assets...
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Produced in partnership with Robert Smeath of New Quadrant Partners Ltd 29th Nov
Q&As
Effect of a charity changing its name on the validity of a gift in the WillWhere nothing is said in the Will clarifying or modifying what is to happen...
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29th Nov
Q&As
This Q&A considers how trustees, as owners of a property under a Will trust, are able to evict an occupier of the property upon termination of a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
A representative is under a duty to pay the debts of the deceased. The duty was set out clearly in Re Tankard as follows:'it is the duty of executors,...
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Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov
Q&As
The duty of an administrator or executor is, in summary, to collect in all of the assets of the deceased, settle the liabilities, pay specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
The nature of the executor’s obligationsThe central duty of an executor is to collect and get in the real and personal estate of the deceased and...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 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
Q&As
Construction of willsThe main purpose of the court when construing a Will is to ascertain the intention of the testator by interpreting the actual...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 29th Nov
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...
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29th Nov
Q&As
The Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 44(10) states:‘A caveator having an interest contrary to that of the person...
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29th Nov
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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29th Nov
Q&As
Where any judgment or order is made by the court against a party or non-party to litigation for the payment of a sum of money, that judgment or order...
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29th Nov

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