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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
IdentificationThe personal representatives (PRs) must identify:•the beneficiary entitled•what each beneficiary is entitled to receive•the time at...
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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 Q&As content

Q&As
Section 27 of the Trustee Act 1925 (TA 1925) provides a means by which trustees of a settlement or a deceased’s personal representative may distribute...
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28th Sep
Q&As
Practice Note: Jurisdiction in probate matters outlines that for probate purposes, the UK consists of three jurisdictions: England and Wales, Scotland...
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28th Sep
Q&As
The residence nil rate band (RNRB) is an addition to the basic nil rate band (NRB), which further reduces the inheritance tax (IHT) payable on an...
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28th Sep
Q&As
Solicitors are entitled to remuneration for non-contentious business, such as estate administration work, that is fair and reasonable having regard to...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 28th Sep
Q&As
We assume the Q&A is referring to the executors appointed by the Will and that they have either predeceased the testator or renounced probate.It is...
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28th Sep
Q&As
Under the Administration of Insolvent Estates of Deceased Persons Order 1986, SI 1986/1999, r 4(2), reasonable funeral, testamentary and...
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28th Sep
Q&As
A particular problem for can arise for personal representatives (PRs) where they are aware that there is a beneficiary or indeed a creditor that needs...
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28th Sep
Q&As
The office of executor is a personal appointment to the executor by the testator and cannot be assigned or transferred to anyone else. An executor who...
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28th Sep
Q&As
We have assumed for the purposes of this Q&A that the estate in question is solvent.Debts incurred by testatorDuring the lifetime of the testator,...
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28th Sep
Q&As
This Q&A does not indicate whether the executor is a layperson or a professional and, if a professional, whether that person is a solicitor. However,...
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28th Sep
Q&As

We refer you to the following which may assist:

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28th Sep
Q&As
A deed of variation executed by a legatee is a gift by that legatee to a substituted legatee. The gift will have the special inheritance tax treatment...
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28th Sep
Q&As
The decision on disclosure is a matter for the executors and their decision may be influenced by a number of factors.It is not clear whether there is...
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28th Sep
Q&As
In situations where it is unclear whether the untraceable tenant in common is alive or dead, see Practice Note: Missing persons and presumption of...
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28th Sep
Q&As
For reference, section 142(4) of the Inheritance Tax Act 1984 (IHTA 1984) provides that:‘…(4) Where a variation to which subsection (1) above applies...
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28th Sep
Q&As
Practice Note: Probate actions—citations explains that where an executor is appointed by a deceased testator and that executor refuses to administer...
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Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
A person dies intestate if they die without a valid will being in place.The Administration of Estates Act 1925 (AEA 1925) sets out the statutory order...
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28th Sep

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