Will drafting

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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
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
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
Can a biological grandparent leave a gift to their grandchild despite the grandchild having been legally adopted by another family?See Practice Note:...
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5th Jun
Q&As
Can a right to occupy be created (by Will) for a caravan on a plot of land without the RTO applying to the entire title of the plot of land?It would...
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5th Jun
Q&As
How should shares in a private limited company be apportioned where the Will provides for equal division between three beneficiaries, but the shares...
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5th Jun
Q&As
In order to maximise availability of business property relief from inheritance tax, is it always necessary to leave business assets in the estate by...
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Produced in partnership with Paul Davies of Clarke Willmott 5th Jun
Q&As
If there is a condition in an executor appointment that states that the appointment only takes effect if the executor obtains the probate within three...
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5th Jun
Practice notes
Digital assets on incapacity and deathDigital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should...
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Produced in partnership with Kerry Bornman of 3 Stone Buildings, Erin Hitchens of XXIV Old Buildings and Robert Avis of Charles Russell Speechlys 5th Jun
Q&As
Do you have a Precedent to ensure the residence nil rate band (RNRB) is captured? In particular do you have a Precedent to give lineal descendants the...
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5th Jun
Q&As
Does the Will Precedent which includes a nil rate band discretionary trust (with residue on flexible life interest trust for spouse) include assets...
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5th Jun
Q&As
Do you have any Precedent clauses for a legacy to a surviving spouse of such amount as they would be awarded on divorce if the testator had not died...
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5th Jun
Q&As
Can you draft a Will using a testatrix's maiden name if all her ID is in her married name?We refer you to the following Commentary extracts, which...
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5th Jun
Q&As
Where a Will contains a life interest trust, can a remainderman act as a trustee?No conflict ruleThe self-dealing rule states 'trustees should not...
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5th Jun
Q&As
How should a gift in a Will to a charity that no longer exists be administered?How to administer the particular legacy in question will depend fully...
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5th Jun
Q&As
Can trustees of a discretionary Will trust over the testator’s residuary estate appoint assets out to trust beneficiaries during the administration...
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5th Jun

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