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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?The general rule is...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 16th Nov
Practice notes
Practice and procedure—civil procedure—contentious trusts and estatesCoronavirus (Covid-19): For news and other resources to assist dispute resolution...
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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...
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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?Where there is a Will which...
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16th Nov
Practice notes
Jurisdiction in probate mattersRole of the courtThe High Court has jurisdiction in relation to probates and administration'>letters of administration,...
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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...
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16th Nov
Q&As
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...
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16th Nov
Practice notes
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...
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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?Reservation of...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 16th Nov
Precedents
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...
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16th Nov
Practice notes
Proprietary estoppel—contentious trusts and estatesIn Thorner v Major, Lord Walker began his judgment by quoting from Simon Gardner in Introduction to...
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Produced in partnership with Richard Dew of Ten Old Square 16th Nov
Precedents
Letter of claim—probate actionDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of [name]...
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16th Nov
Precedents
Estate administration—Letter to bank[enter bank name][enter bank address]Dear [insert organisation name]The late [name of deceased]Account(s)...
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16th Nov
Precedents
First letter to residuary beneficiary—intestacy[insert name of beneficiary][insert address of beneficiary][insert date]Dear [insert name of...
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16th Nov

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