Validity of Wills

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Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
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9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
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9th Nov
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
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9th Nov
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
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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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Validity of Wills content

Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
29th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
29th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
29th Nov
Practice notes
If a Will is rational, in regular form and appears to be duly executed, the following presumptions apply:•due execution•capacity•knowledge and...
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29th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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29th Nov
Practice notes
Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
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29th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
29th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
29th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
29th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
29th Nov
Practice notes
In order to make a valid Will, the testator must satisfy a capacity test on two separate occasions:•when they give instructions for the drafting of...
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29th Nov
Precedents
[insert name and address of GP][insert date]Dear Dr [insert name of GP][insert full name, address and date of birth of client]I have been consulted by...
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29th Nov
Q&As
CaveatsA caveat is a notice in writing that no grant of probate or administration'>letters of administration is to be issued in the estate of a named...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 29th Nov
Q&As
In drafting a Will the two most important issues to consider are:•knowledge and approval of the contents of the Will, and•the requirement of the...
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29th Nov
Q&As
Rectification of a Will is governed by section 20 of the Administration of Justice Act 1982.As stated in Practice Note: Validity of...
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29th Nov
Q&As
If the testator is domiciled in England and Wales, then it should be executed and witnessed so as to comply with English law. The relevant law is set...
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Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov
Q&As
The Q&A: Can a Will drafted in England and governed in English law be executed in Singapore? Are there any further legal requirements for executing a...
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29th Nov
Q&As
The formal requirements for signing a Will are found in section 9 of the Wills Act 1837 (WA 1837). The Will must:•be in writing•be signed by the...
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29th Nov

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