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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
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
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
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
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
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
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
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 12th Jan
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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9th Nov
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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9th Nov

Most recent Q&As content

Q&As
Can you draft a Will using a testatrix's maiden name if all her ID is in her married name?We refer you to the following Commentary extracts, which...
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11th May
Q&As
SummaryIf the Will is silent on appropriation, the statutory power of appropriation will apply, enabling chattels to be appropriated to the residuary...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 7th May
Q&As
This Q&A assumes that the power of appropriation will be exercised by personal representatives and not trustees.By way of background, the process of...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 7th May
Q&As
Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) provides that the time limit for making a claim is six...
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7th May
Q&As
In answering this Q&A we have limited our research to cover the values at which appropriation has taken place. We have not commented on whether the...
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7th May
Q&As
Section 41 of the Administration of Estates Act 1925 (AEA 1925) gives the executors the power to appropriate an asset to a person in or towards...
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7th May
Q&As
Pecuniary legaciesA pecuniary legacy is defined in section 55(ix) of the Administration of Estates Act 1925 (AEA 1925). It can include an annuity and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 7th May
Q&As
A provision in a valid and binding shareholders’ agreement, to which the testator is a party, will always take precedence over a conflicting provision...
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7th May
Q&As
Where trustees of a discretionary trust sell trust property to a third party, they will usually be responsible for any capital gains tax (CGT) that...
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7th May
Q&As
See Practice Note: IHT—business property relief which contains comprehensive guidance on the circumstances and types of property on which business...
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7th May
Q&As
It is assumed that the life tenant of the trust is a qualifying beneficiary within the meaning of section 169J(3) of the Taxation of Chargeable Gains...
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6th May

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