LEXISNEXIS_ICON4_SIGNIN Contact us
Sign-in LEXISNEXIS_ICONS_SUPPORTHelp

Wills

View Wills & Probate by content type:

News
Practice notes
Precedents
Q&As

Latest Wills & Probate News

Still no ambiguity (Royal Commonwealth Society for the Blind v Beasant)

Still no ambiguity (Royal Commonwealth Society for the Blind v Beasant)

The following Private Client news provides comprehensive and up to date legal information on Still no ambiguity (Royal Commonwealth Society for the Blind v Beasant)

Marriage and Civil Partnership (Minimum Age) Act 2022—implications for trusts

Marriage and Civil Partnership (Minimum Age) Act 2022—implications for trusts

The following Family news provides comprehensive and up to date legal information on Marriage and Civil Partnership (Minimum Age) Act 2022—implications for trusts

High Court admits missing Will to probate (Re Cooper deceased (probate) (Cooper (a child) v Chapman))

High Court admits missing Will to probate (Re Cooper deceased (probate) (Cooper (a child) v Chapman))

The following Private Client news provides comprehensive and up to date legal information on High Court admits missing Will to probate (Re Cooper deceased (probate) (Cooper (a child) v Chapman))

Enforcement of foreign wills—updated guidance from the BVI courts (In the matter of the estate of Sheikh Saoud Mohamed A.A. Al Thani (deceased)

Enforcement of foreign wills—updated guidance from the BVI courts (In the matter of the estate of Sheikh Saoud Mohamed A.A. Al Thani (deceased)

The following Private Client news provides comprehensive and up to date legal information on Enforcement of foreign wills—updated guidance from the BVI courts (In the matter of the estate of Sheikh Saoud Mohamed A.A. Al Thani (deceased)

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 19th Apr
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 19th Apr
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 19th Apr
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

Proprietary estoppel—contentious trusts and estates

Proprietary estoppel—contentious trusts and estatesIn Thorner v Major, Lord Walker began his judgment by quoting from Simon Gardner in Introduction to...
Read More >
Produced in partnership with Richard Dew of Ten Old Square 19th Apr
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

European Insurance and Occupational Pensions Authority (EIOPA)

European Insurance and Occupational Pensions Authority (EIOPA)

European Insurance and Occupational Pensions Authority (EIOPA)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements

Mediation—advantages and disadvantages

Mediation—advantages and disadvantages

Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to