About Wills & Probate Law

LexisPSL Wills & Probate provides a range of procedural and substantive guidance set out in topics that reflect your thought process, both in terms of the underlying issues as well as the different stages of proceedings. Practice Notes set out key principles, supported by the underlying authority, with examples of how these principles apply in practice. Related documents are highlighted to enable quick progression to other documents and further reading links take you through to relevant material in LexisLibrary; the research work is done for you.

LexisPSL
Drafting wills and administering estates

Contains will precedents, IHT returns and probate precedents. Contentious trusts and estates covers the disputes that can frequently arise.

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Latest Wills & Probate Q&As

Q&As
The beneficiaries of a Will are to get equal share in the estate, which includes a property. One of the beneficiaries (Beneficiary A) wants to move into the property. If the Will was varied to allow Beneficiary A to receive the house and Beneficiary B to receive the other assets, and if Beneficiary A had to pay Beneficiary B a further sum to make up the difference (ie because the house is worth more than the remaining assets), what are the SDLT consequences of the variation?
Q&As
W died intestate and H obtained Letters of Administration. H has now died leaving the estate unadministered. Who should apply for a grant de bonis non to administer W's estate?
Q&As
When a property is occupied under a life interest created by a Will but the terms of the Will are sparse and do not expressly cover matters such as the executors'/Will trustees' need to inspect the property to keep up to date on its state of repair etc, is it possible to impose a comprehensive occupation agreement on the occupier (assuming agreement cannot be reached informally between the parties) and how would this be actioned through the courts?
Q&As
Would the transferable residence nil rate band (transferable RNRB) be available on the death of a surviving spouse where the surviving spouse’s estate exceeds the tapering threshold even though the first spouse’s estate did not exceed the taper threshold (but the RNRB was not claimed on the first death)?
Q&As
Where a donor under a power of attorney has died and the beneficiaries of the donor’s estate believe that the attorney was using the donor’s funds for their own benefit during the donor’s lifetime, what type of civil claim can be brought against the attorney (eg unjust enrichment, restitution)?

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