Validity of Wills

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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
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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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
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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 Validity of Wills content

Q&As
Where a Will does not reflect the testator's intentions due to a clerical error, does a grant of probate need to be obtained to rectify...
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1st Aug
Q&As
Can a solicitor who drafted the Will and is also named as an executor witness the Will?In answering this Q&A, we refer to you to the Practice Note:...
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1st Aug
Q&As
Does the issuing of an ad colligenda bona grant, where there is a caveat in place, affect any disputes as to the validity of a Will?CaveatsA caveat is...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
Is it necessary for witnesses to append their addresses to a Will at the time of execution?We refer you to section 9 of the Wills Act 1837 (WA 1837)...
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1st Aug
Q&As
What is the limitation period for a claim against an estate where the Will is thought to be invalid for some reason, such as duress or failure to...
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Produced in partnership with Helen Galley of XXIV Old Buildings 1st Aug
Q&As
Is a Will invalid if the pages are not securely fastened?The requirements for a valid Will in accordance with Wills Act 1837, s 9 (as amended by the...
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1st Aug
Q&As
Where a beneficiary is present when a Will is signed and witnessed, but is not an attesting witness to the Will, are there any grounds to challenge...
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1st Aug
Q&As
T is domiciled in a part of the UK, but resident in Spain. How can a Will drafted in England and governed by English law be executed by T in Spain in...
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1st Aug
Q&As
If there is more than one page of a Will but the pages are bound together in the wrong order is the Will valid?The requirements for a valid Will in...
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1st Aug
Q&As
X wishes to make a Will under English law dealing only with their UK assets. Can X sign the Will with what is their usual signature using foreign...
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Produced in partnership with Helen Galley of XXIV Old Buildings 1st Aug
Q&As
If a Will has not been witnessed and is therefore invalid on the face of it, is there anything that can be done to make the Will valid so it can be...
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1st Aug
Q&As
Can a Will be valid if it is undated?The requirements for a valid Will are set out in Wills Act 1837 (as amended by the Administration of Justice Act...
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1st Aug
Q&As
Is there a specific procedure to follow when completing a Will for somebody that is deaf?In drafting a Will the two most important issues to consider...
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1st Aug
Q&As
What formal requirements for a valid Will may cause particular difficulty during the coronavirus (COVID-19) pandemic and are there any...
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1st Aug
Q&As
Can a Will made in France by British Citizens, who are domiciled there, be probated in the UK?This response deals with a Will executed by British...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
Can the parents-in-law of a beneficiary witness a Will without invalidating the gift to the beneficiary?This Q&A covers the position in relation to...
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1st Aug
Q&As
Can a Will prepared in the UK for UK assets be signed and witnessed by the client in France, and if so, does it have to be witnessed by a professional...
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Produced in partnership with Helen Galley of XXIV Old Buildings 1st Aug

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