Will drafting

View Wills & Probate by content type:

Latest Wills & Probate News

Featured Wills & Probate content

Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
Read More >
19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Read More >
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...
Read More >
19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
Read More >
19th May

Most recent Will drafting content

Q&As
Do you have a clause for insertion into a Will to make it clear that recipients of potentially exempt transfers bear inheritance tax on those gifts,...
Read More >
5th Jun
Q&As
Given that habitual residence (under Regulation (EU) No 650/2012) determines the succession law that applies, should declarations of domicile still be...
Read More >
5th Jun
Q&As
H&W own their home as tenants in common. What are the IHT implications of transferring it into a trust of which they are the life tenants, with...
Read More >
5th Jun
Q&As
How do you get a grant of probate for a Will which creates a life interest but appoints a sole executor?There is no requirement to have more than one...
Read More >
5th Jun
Q&As
Do you have a precedent for a Will to state that only the executors who prove the Will can be trustees of the Will trust?The wording that you are...
Read More >
5th Jun
Q&As
Can the failure by a Will draftsman to advise a testator on the effect of the Inheritance (Provision for Family and Dependents) Act 1975 give rise to...
Read More >
5th Jun
Q&As
What are the inheritance tax (IHT) consequences of a married couple owning a home as joint tenants versus owning it as tenants in common and leaving...
Read More >
5th Jun
Q&As
Where a firm of solicitors have been appointed by Will and has subsequently ceased trading and no other firm has taken over the practice, does the...
Read More >
5th Jun
Q&As
Where a solicitor holds a Will for an incapacitated testator and the testator’s LPA attorney requests that the original Will be transferred to another...
Read More >
5th Jun
Q&As
Where a charity has changed its name and merged with another, how do I deal with a legacy to the original charity where the will contains no...
Read More >
5th Jun
Q&As
Can an adopted person claim against a biological parents estate where is it held by the crown as bona vacantia, where the biological parent has died...
Read More >
Produced in partnership with Graham Stott of gunnercooke LLP 5th Jun

Popular documents