LEXISNEXIS_ICON4_SIGNIN Contact us
Sign-in LEXISNEXIS_ICONS_SUPPORTHelp

Q&As

View Wills & Probate by content type:

News
Practice notes
Precedents
Q&As

Latest Wills & Probate News

Changes to the excepted estate rules for IHT and procedure from January 2022

Changes to the excepted estate rules for IHT and procedure from January 2022

The following Private Client news provides comprehensive and up to date legal information on Changes to the excepted estate rules for IHT and procedure from January 2022

Testamentary exercise of powers of appointment (Equiom v Velarde)

Testamentary exercise of powers of appointment (Equiom v Velarde)

The following Private Client news provides comprehensive and up to date legal information on Testamentary exercise of powers of appointment (Equiom v Velarde)

Proprietary estoppel fails as defence to claim for possession of farm (Earl of Plymouth v Rees)

Proprietary estoppel fails as defence to claim for possession of farm (Earl of Plymouth v Rees)

The following Private Client news provides comprehensive and up to date legal information on Proprietary estoppel fails as defence to claim for possession of farm (Earl of Plymouth v Rees)

Appeal Court upholds charging clause decision not to grant appellant her fees (Da Silva v Heselton) & others

Appeal Court upholds charging clause decision not to grant appellant her fees (Da Silva v Heselton) & others

The following Private Client news provides comprehensive and up to date legal information on Appeal Court upholds charging clause decision not to grant appellant her fees (Da Silva v Heselton) & others

Featured Wills & Probate content

Preparing the online application for probate or letters of administration

Preparing the online application for probate or letters of administration

Preparing the online application for probate or administration'>letters of administrationThere are two ways in which a practitioner can apply for a...

Where an IHT100 is required as a trust reaches its ten-year anniversary and there is an exception to the requirement to file an IHT100 when the value of the trust does not exceed 80% of the NRB. As the trust was created by two settlors, is the exemption threshold calculated by 80% of one NRB, or 80% of the two NRBs available?

Where an IHT100 is required as a trust reaches its ten-year anniversary and there is an exception to the requirement to file an IHT100 when the value of the trust does not exceed 80% of the NRB. As the trust was created by two settlors, is the exemption threshold calculated by 80% of one NRB, or 80% of the two NRBs available?

Where an IHT100 is required as a trust reaches its ten-year anniversary and there is an exception to the requirement to file an IHT100 when the value...

Payment of legacies

Payment of legacies

Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...

Payment of debts—solvent estate

Payment of debts—solvent estate

Payment of debts—solvent estateMeaning of solventThe rules applicable to the payment of the deceased’s debts and funeral and testamentary expenses...

Q&As

Where three executors have taken the grant of probate, can one executor sign a transfer deed for the sale of an estate property?

Where three executors have taken the grant of probate, can one executor sign a transfer deed for the sale of an estate property?The general rule is...
Read More >
Produced in partnership with Oliver Hilton of Radcliffe Chambers 16th Nov
Practice notes

Practice and procedure—civil procedure—contentious trusts and estates

Practice and procedure—civil procedure—contentious trusts and estatesCoronavirus (Covid-19): For news and other resources to assist dispute resolution...
Read More >
16th Nov
Q&As

If a husband and wife hold shares in a company jointly, what happens on the death of one of them? Will the deceased's interest be extinguished so that the shares pass automatically to the surviving spouse without becoming part of the estate?

If a husband and wife hold shares in a company jointly, what happens on the death of one of them? Will the deceased's interest be extinguished so that...
Read More >
Produced in partnership with Helen Galley of XXIV Old Buildings 16th Nov
Q&As

Does a residuary beneficiary have the right to request estate accounts from executors before a grant of probate has issued?

Does a residuary beneficiary have the right to request estate accounts from executors before a grant of probate has issued?Where there is a Will which...
Read More >
16th Nov
Practice notes

Jurisdiction in probate matters

Jurisdiction in probate mattersRole of the courtThe High Court has jurisdiction in relation to probates and administration'>letters of administration,...
Read More >
16th Nov
Q&As

What is the process for applying for a second grant of probate when the first executor has passed away and the second executor had power reserved?

What is the process for applying for a second grant of probate when the first executor has passed away and the second executor had power...
Read More >
16th Nov
Q&As

What is the statutory interest on legacies paid after the executor's year?

What is the statutory interest on legacies paid after the executor's year?Executor’s yearThe beneficiaries will want to know that the estate is being...
Read More >
16th Nov
Practice notes

Devolution of assets and the need for a grant

Devolution of assets and the need for a grantA person generally dies owning some form of property whether it be land, cash, furniture and so on. A...
Read More >
16th Nov
Q&As

A grant of probate has been issued with powers reserved to an appointed executor under a Will. How can the executor obtain full powers?

A grant of probate has been issued with powers reserved to an appointed executor under a Will. How can the executor obtain full powers?Reservation of...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 16th Nov
Q&As

If an individual died intestate and a grant was issued to their partner ‘for the use and benefit of’ the deceased’s parent ‘limited until further representation be granted’, what is the position if the deceased’s partner is unable to continue to act and the parent has died? Can the deceased’s step-parent apply for a grant de bonis non administrates?

If an individual died intestate and a grant was issued to their partner ‘for the use and benefit of’ the deceased’s parent ‘limited until further...
Read More >
16th Nov
Precedents

Warning to caveator

Warning to caveatorWarning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To...
Read More >
16th Nov
Practice notes

Probate actions—Larke v Nugus requests

Probate actions—Larke v Nugus requestsWhat is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the...
Read More >
16th Nov
Q&As

Where a tenant in common of a freehold property has died, can the sole remaining tenant in common appoint another trustee in order to grant a lease over the property, if the grant of representation for the deceased has not yet been issued?

Where a tenant in common of a freehold property has died, can the sole remaining tenant in common appoint another trustee in order to grant a lease...
Read More >
16th Nov
Precedents

Letter of claim—probate action

Letter of claim—probate actionDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of [name]...
Read More >
16th Nov
Precedents

Estate administration—Letter to bank

Estate administration—Letter to bank[enter bank name][enter bank address]Dear [insert organisation name]The late [name of deceased]Account(s)...
Read More >
16th Nov
Precedents

First letter to residuary beneficiary—intestacy

First letter to residuary beneficiary—intestacy[insert name of beneficiary][insert address of beneficiary][insert date]Dear [insert name of...
Read More >
16th Nov

Popular documents

Parent company guarantees (PCGs) in construction

Parent company guarantees (PCGs) in construction

Parent company guarantees (PCGs) in constructionIn the construction industry, parent company guarantees (PCGs) are commonly given to the employer by the main contractor’s holding company to guarantee the performance of the contract by the subsidiary main contractor. This is a requirement in almost

AML and counter-terrorist financing—source of funds and source of wealth

AML and counter-terrorist financing—source of funds and source of wealth

AML and counter-terrorist financing—source of funds and source of wealthSource of funds and wealth was a key focus of the SRA’s Preventing Money Laundering and Financing of Terrorism thematic review, published in March 2018. Its findings included that:•most firms understood the distinction between

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sectorOn 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise

Discharge by frustration

Discharge by frustration

Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus (COVID-19) and contractual obligations—checklisttogether with the Q&A (in the related content pod on the right hand side) for