Wills

Practice notes

Sources of help for solicitors

Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...

19th May

Practice notes

Definition of a personal representative

Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...

19th May

Q&As

What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm was instructed by lay executors who approved the invoice?

What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm...

Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May

Practice notes

Probate actions—mutual Wills

Probate actions—mutual WillsThe term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties...

Produced in partnership with Adam Draper of Shoosmiths 19th May

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...

19th May

Practice notes

Contents of Wills—residuary gifts

Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...

19th May

Practice notes

Assent of assets by personal representatives

Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...

19th May

Practice notes

Variation of Will or intestacy after death—Q&As

Variation of Will or intestacy after death—Q&AsA deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on...

19th May

Q&As

Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the deceased?

Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May

Q&As

For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?

For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

Entitlement to a grant for a non-domiciled testator

Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...

19th May

Practice notes

Revocation of Will

Revocation of WillRevocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any...

19th May

Precedents

Warning to caveator

Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...

19th May

Practice notes

Intermeddling in an estate

Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...

Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 19th May

Practice notes

Will drafting—hotchpot

Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...

19th May

Practice notes

Failure of gifts—ademption

Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...

19th May

Q&As

What rights subsist in a photograph and how can they be transferred? How is a transfer of copyright in a photograph from a deceased person’s estate effected?

What rights subsist in a photograph and how can they be transferred? How is a transfer of copyright in a photograph from a deceased person’s estate...

25th Jul

Q&As

Can copyright and publication rights be bequeathed on death and how can this be achieved?

Can copyright and publication rights be bequeathed on death and how can this be achieved?Where the owner of copyright in a work leaves a Will, the...

25th Jul

Practice notes

Will drafting protocols—WIQS, SRA and STEP

Will drafting protocols—WIQS, SRA and STEPThe Law Society’s Wills and Inheritance Quality Scheme (WIQS)The Law Society Wills and Inheritance Quality...

23rd Jul

Q&As

Does a Will need to be translated into the testator’s language if they do not understand English as a condition of valid execution?

Does a Will need to be translated into the testator’s language if they do not understand English as a condition of valid execution?Where an individual...

20th Jul

Q&As

(A) understands basic English, and with the help of an interpreter, gave (B) instructions for a Will. (A) has said that she will struggle to read a Will in English. (B) can translate the Will into Urdu—but could (A) sign an English version?

(A) understands basic English, and with the help of an interpreter, gave (B) instructions for a Will. (A) has said that she will struggle to read a...

20th Jul

Practice notes

Coronavirus (COVID-19)—Wills

Coronavirus (COVID-19)—WillsThis Practice Note considers the impact of the coronavirus (COVID-19) pandemic on Wills and provides answers or guidance...

20th Jul

COVID-19

Q&As

If: (a) a Will creates a life interest trust with the remainder interest contingent on the remainder beneficiary surviving the life tenant, (b) the remainder beneficiary predeceases the life tenant, (c) there is no substitute remainder and (d) there is a gift of residue, would the remainder interest pass under the gift of residue or under the intestacy rules?

If: (a) a Will creates a life interest trust with the remainder interest contingent on the remainder beneficiary surviving the life tenant, (b) the...

20th Jul

Q&As

How should shares in a private limited company be apportioned where the Will provides for equal division between three beneficiaries, but the shares cannot be split three ways without giving rise to fractional entitlements?

How should shares in a private limited company be apportioned where the Will provides for equal division between three beneficiaries, but the shares...

19th Jul

Practice notes

Will drafting—client care

Will drafting—client careThe preparation of a Will may be one of the most significant services that a practitioner will perform for their client. In...

19th Jul

Precedents

Client information form

Client information formGENERAL INFORMATIONClientSpouse/civil partnerNameAddressTelephone numberMobile numberEmail addressDOBChildrenNamesDOBPrevious...

16th Jul

Precedents

Will preparation checklist

Will preparation checklistAction√DateWill questionnaire and Making a Will—client guide sent to client(s)Terms of business letter and other client care...

16th Jul

Precedents

Making a Will—client guide

Making a Will—client guideThis document provides general guidance regarding the reasons for and process involved in making a Will. Your Private Client...

16th Jul

Practice notes

Making a Will

Making a WillCORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with...

Produced in partnership with Keith Bruce-Smith and Katie Walsh of Sinclair Gibson LLP 16th Jul

Q&As

Is it possible for two partners of a firm to retire their role as trustees of a trust on behalf of the entire firm and bind all the other partners to this in order to save each and every partner having to sign? Could a similar process be undertaken as when partners renounce to the firm's role as executors on behalf of all of the partners in the firm?

Is it possible for two partners of a firm to retire their role as trustees of a trust on behalf of the entire firm and bind all the other partners to...

15th Jul

Q&As

How is a 16-year old beneficiary’s interest classified where a testator leaves their estate to their child by Will on an 18–25 trust with the beneficiary having a right to receive trust income from age 18?

How is a 16-year old beneficiary’s interest classified where a testator leaves their estate to their child by Will on an 18–25 trust with the...

15th Jul

Practice notes

Personal representatives and trustees—power of appropriation

Personal representatives and trustees—power of appropriationAppropriation is a process by which a personal representative (PR) or a trustee uses a...

15th Jul

Q&As

Can you obtain a charging order over property held on trust where the judgment debtor is a one of multiple beneficiaries under the trust and also one of the trustees?

Can you obtain a charging order over property held on trust where the judgment debtor is a one of multiple beneficiaries under the trust and also one...

14th Jul

Practice notes

Contents of Wills—executors, trustees and guardians

Contents of Wills—executors, trustees and guardiansThere are certain rules to consider when advising a testator on who to appoint as executors of...

13th Jul

Practice notes

Conditional and dependent relative revocation of Wills

Conditional and dependent relative revocation of WillsIf a testator revokes the Will and that revocation is shown to be subject to a condition, the...

6th Jul

Q&As

T is the sole shareholder of a property investment company. On T’s death, T wants the company to be wound up and its properties distributed to different beneficiaries. How could this be done?

T is the sole shareholder of a property investment company. On T’s death, T wants the company to be wound up and its properties distributed to...

1st Jul

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