Revocation, republication and revival

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Practice notes
Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...
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19th May
Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
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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...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May
Practice notes
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...
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Produced in partnership with Adam Draper of Shoosmiths 19th May
Practice notes
Preparing the application form PA1P/PA1A for probate or administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
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19th May
Practice notes
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...
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19th May
Practice notes
Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...
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19th May
Practice notes
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...
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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...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...
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19th May
Practice notes
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...
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19th May
Precedents
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...
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19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 19th May
Practice notes
Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...
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19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
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19th May

Most recent Revocation, republication and revival content

Q&As
Where a testator makes a Will at a time when the testator is a registered civil partner, would the Will be revoked if the civil partnership were to be...
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1st Aug
Q&As
Will the Civil Partnership (Opposite-sex Couples) Regulations 2019, SI 2019/1458 have an effect on the use of the ‘in expectation of Civil...
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1st Aug
Q&As
Will the probate office accept a certified copy of a lost Will or will the presumption apply that the Will was revoked by the testator having...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 31st Jul
Q&As
Where a client makes a new Will which includes a declaration that it revokes ‘all former Wills’, does that declaration revoke a codicil to a former...
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31st Jul
Practice notes
Recognition of overseas divorce or dissolution of civil partnership11pm (GMT) on 31 December 2020 marked the end of the Brexit...
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31st Jul
Practice notes
Recognition of overseas marriage or civil partnershipIn contrast to the recognition of overseas divorce or dissolution of civil partnership, the...
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31st Jul
Practice notes
Revocation of Will by marriage or civil partnershipThe general rule is that marriage automatically revokes any Will made by either party before the...
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31st Jul
Practice notes
Republication of WillsNature of republicationPublication was a declaration by the testator to the witnesses that the Will was theirs.The process of...
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31st Jul
Practice notes
Revocation of WillsA Will is revocable at any time during the testator's lifetime. A Will may only be revoked by automatic operation of law...
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31st Jul
Practice notes
Voluntary revocation of WillsWith voluntary revocation of a Will, the question of whether the Will has been effectively revoked is governed by the...
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31st Jul
Practice notes
Revival of revoked WillsModes of revivalA testator who has revoked their Will either with or without making a new one may wish to revive the revoked...
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31st Jul
Practice notes
Conditional and dependent relative revocation of WillsIf a testator revokes the Will and that revocation is shown to be subject to a condition, the...
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31st Jul

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