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What steps should be taken where a trust deed has been lost and a copy cannot be located?

What steps should be taken where a trust deed has been lost and a copy cannot be located?

What steps should be taken where a trust deed has been lost and a copy cannot be located?In the case of a missing trust deed, the first step would be...

How can an individual request a search for a caveat before applying for a grant?

How can an individual request a search for a caveat before applying for a grant?

How can an individual request a search for a caveat before applying for a grant?As set out in Practice Note: Probate actions—caveats, before a grant...

Perfecting imperfect gifts—a new authority (Khan v Mahmood)

Perfecting imperfect gifts—a new authority (Khan v Mahmood)

Property analysis: In this appeal the court was asked to determine the effect of the respondent attempting to transfer his legal interest in a...

Trust disputes—trustees' removal under section 41 of the Trustee Act 1925

Trust disputes—trustees' removal under section 41 of the Trustee Act 1925

Trust disputes—trustees' removal under section 41 of the Trustee Act 1925This Practice Note covers the purpose and procedure of section 41 of the...

Practice notes

Devolution of assets and the need for a grant

Devolution of assets and the need for a grantWhen a person dies, they usually own some form of property whether it be land, investments, cash,...
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2nd Mar
Q&As

If personal chattels are left in a Will to trustees to distribute in accordance with a written memorandum, how should the items be distributed of no memorandum is found following the testator's death?

If personal chattels are left in a Will to trustees to distribute in accordance with a written memorandum, how should the items be distributed of no...
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2nd Mar
Practice notes

Capacity to make or revoke a Will

Capacity to make or revoke a WillIn order to make a valid Will, the testator must satisfy a capacity test on two separate occasions:•when they give...
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2nd Mar
Q&As

If an executor has intermeddled, can they have power reserved to them?

If an executor has intermeddled, can they have power reserved to them?An executor intermeddles in an estate if they have performed actions relating to...
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Produced in partnership with Robert Smeath of New Quadrant Partners Ltd
1st Mar
News

Private Client—Wills, secret trusts and proprietary estoppel (Titcombe v Ison)

Private Client analysis: The court rejected a claim brought by a disappointed family member of a deceased relative that the said relative had intended...
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2nd Mar
Q&As

A beneficiary of an estate is buying out the other beneficiaries’ entitlement so that they can keep an investment portfolio in the estate. Should the executors use the value as at the date of death to calculate what the beneficiary needs to pay to the others or should they re-value the estate as at the date of the transfer/buy-out?

A beneficiary of an estate is buying out the other beneficiaries’ entitlement so that they can keep an investment portfolio in the estate. Should the...
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Produced in partnership with Camilla Bishop of Keystone Law
1st Mar
Precedents

Beneficiary ID form

Beneficiary ID formBeneficiary details in the Estate of the late [name of deceased]Name of BeneficiaryAddress of BeneficiaryRelationship to [name of...
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2nd Mar
News

Removal of executor for irrational and hostile conduct (Hudman v Morris)

Private Client analysis: An executrix, Sharon Hudman (Sharon), brought a Part 8 Claim under section 50 of the Administration of Justice Act 1985 (AJA...
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2nd Mar
News

Charities win Will construction claim (Royal Commonwealth Society for the Blind v Beasant)

Private Client analysis: A beneficiary under the Will of Audrey Thelma Anita Arkell (the ‘Deceased’) brought a Part 8 claim against the executors to...
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2nd Mar
News

Executors—beware section 284 of the Insolvency Act 1986 (Sleight (as trustee in bankruptcy of Charles Edward Holdroyd deceased) v Callin)

Restructuring & Insolvency analysis: This decision clearly demonstrates the dangers of dealing with assets falling within the assets of a deceased’s...
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2nd Mar
News

Contentious probate—section 9 of the Wills Act 1837—capacity—knowledge and approval—pleading (Gardiner v Tabet)

Private Client analysis: The deceased executed a very short homemade Will from his hospital bed during the last weeks of his life. The defendants...
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2nd Mar
Q&As

Two discretionary trusts are established through two deeds of variation of the Will of a deceased individual. How do the related settlement rules apply to the two trusts created and what is their effect on the nil rate band available to each trust? Does section 266 of the Inheritance Tax Act 1984 have any application?

Two discretionary trusts are established through two deeds of variation of the Will of a deceased individual. How do the related settlement rules...
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Produced in partnership with Paul Davies of Clarke Willmott
1st Mar
Q&As

What will land registry require to enable a charge to be released when an individual lender was about to sign a form DS1 but passes away before signing?

What will land registry require to enable a charge to be released when an individual lender was about to sign a form DS1 but passes away before...
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1st Mar
Q&As

Where a property is held as tenants in common by Will—trustees and an individual (X) and the terms of the Will trust authorise the sale and purchase of a replacement property (subject to X’s consent), must the replacement property be held in the same proportions of beneficial interest as the original property?

Where a property is held as tenants in common by Will—trustees and an individual (X) and the terms of the Will trust authorise the sale and purchase...
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Produced in partnership with Helen Galley of XXIV Old Buildings
2nd Mar
Q&As

Will Brexit have any impact on the application of the EU Succession Regulation on cross-border estates, and the drafting of Wills in England and Wales?

Will Brexit have any impact on the application of the EU Succession Regulation on cross-border estates, and the drafting of Wills in England and...
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Produced in partnership with Paul Davies of Clarke Willmott
1st Mar
Q&As

Where A consents to their caveat being removed and to the grant being issued in consideration of a payment from the estate can this be dealt with by a consent summons to the Probate Registry or would an application to the Chancery Division be required?

Where A consents to their caveat being removed and to the grant being issued in consideration of a payment from the estate can this be dealt with by a...
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Produced in partnership with James Brockhurst of Gowling WLG
1st Mar

Popular documents

Scotland—the process for applying for sequestration

Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so

Early leavers—preservation

Early leavers—preservationFORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes).The Finance Act 2022 will also give

Where are misrepresentations made? Jurisdictional traps for the unwary (Bellmare Holdings Ltd v Wells)

Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally