Problems during the administration

View Wills & Probate by content type:

Latest Wills & Probate News

Featured Wills & Probate content

Practice notes
Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...
Read More >
19th May
Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
Read More >
19th May
Q&As
What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm...
Read More >
Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May
Practice notes
Probate actions—mutual WillsThe term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties...
Read More >
Produced in partnership with Adam Draper of Shoosmiths 19th May
Practice notes
Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...
Read More >
19th May
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
Read More >
19th May
Practice notes
Variation of Will or intestacy after death—Q&AsA deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on...
Read More >
19th May
Q&As
Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...
Read More >
19th May
Practice notes
Revocation of WillRevocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any...
Read More >
19th May
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...
Read More >
19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
Read More >
19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Read More >
Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 19th May
Practice notes
Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...
Read More >
19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
Read More >
19th May

Most recent Problems during the administration content

Q&As
Issues to consider when you need to access a deceased person's inbox—Intellectual property and technology considerations (Part 1)Who do the emails in...
Read More >
25th Jul
Q&As
Issues to consider when you need to access to a deceased person's inbox—Probate considerations (Part 2)Considerations in respect of the deceased...
Read More >
25th Jul
Practice notes
Death abroadCoronavirus (COVID-19): Following the enactment of the Coronavirus Act 2020 on 25 March 2020, special temporary procedures apply to the...
Read More >
8th Jul
Q&As
What options are available to deal with money held on client account in relation to a deceased individual's Will trust and no grant of probate has yet...
Read More >
10th Jun
Q&As
Where there is a gift to charity in a Will with reference to the charity's name only and not registered charity number, what should the executors do...
Read More >
6th Jun
Q&As
Can personal representatives who have obtained costs orders against a beneficiary claim a lien over the inheritance of that beneficiary who has since...
Read More >
6th Jun
Q&As
Is a court fee payable for an application for an order for leave to prove a nuncupative Will or copy Will under rule 54(1) of the Non-Contentious...
Read More >
6th Jun
Q&As
Coronavirus (COVID-19)—What options are available to a personal representative who is house-bound in terms of applying for probate and administering...
Read More >
6th Jun
Q&As
What action can a creditor take against a non-cooperative executor to satisfy a judgment debt obtained against the estate?The role of an executor is...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
Under what circumstances can an executor, prior to issue of the grant of probate, complete a contract for a purchase of land which the deceased...
Read More >
5th Jun
Q&As
Is it possible to draft a Will to say that the costs of locating a residuary beneficiary shall be set against their share?Locating a missing...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 5th Jun
Q&As
What is the liability of beneficiaries and/or executors who falsely claim to a creditor that there is no estate but distribute it without settling the...
Read More >
Produced in partnership with Helen Galley of XXIV Old Buildings 5th Jun
Q&As
Where the assets in an estate are insufficient to discharge the pecuniary legacies and the executor is the residuary beneficiary, is the executor at...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Popular documents