Will drafting

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Q&As
Pecuniary legaciesA pecuniary legacy is defined in section 55(ix) of the Administration of Estates Act 1925 (AEA 1925). It can include an annuity and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
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
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
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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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 Will drafting content

Q&As
Is it still tax efficient to use a nil rate band (NRB) discretionary trust for unmarried couples to ring-fence the first deceased's NRB allowance?For...
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Produced in partnership with Graham Stott of gunnercooke LLP 6th Jun
Q&As
Where a same sex married couple have a child who is the biological child of one spouse and an egg/sperm donor, is the child deemed to be the child of...
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6th Jun
Q&As
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...
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6th Jun
Q&As
Is an immediate post-death interest created by a Will an absolute gift where the life tenant and the remainderman are the same person? If this was a...
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5th Jun
Q&As
In a life interest trust, assuming the trust deed is silent on this matter, if one of the remaindermen predeceases the life tenant, does the...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 5th Jun
Q&As
Is it possible to appoint several executors and trustees in a Will but state that only those executors who have taken out a grant will be the trustees...
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5th Jun
Q&As
In a claim under the Inheritance (Provision for Family and Dependants) Act 1975, would the establishment of a discretionary trust prevent a claim...
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Produced in partnership with Kate Selway of Radcliffe Chambers 5th Jun
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...
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5th Jun
Q&As
Will the company or its shareholders be liable to pay the IHT on a gift to a company under a Will?A gift of land to a corporation is valid under...
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5th Jun
Q&As
Can a Will make provision for the distribution of trust property to children in stages until they reach a particular age?Precedent: Will—to spouse...
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5th Jun
Q&As
How might the EU Succession Regulation (Brussels IV) apply in a situation where the deceased was a Portuguese national who died habitually resident...
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5th Jun
Q&As
Would the residence nil rate band be available if a contingent gift is left to grandchildren?The legislation providing for the introduction of the...
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5th Jun
Q&As
Which Will clause can be used to incorporate a testator’s choice of law under the EU Succession Regulation (EU) No 650/2012 in an England & Wales...
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5th Jun

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