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...
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Practice notes
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,...
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...
2nd Mar
Practice notes
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...
2nd Mar
Q&As
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...
Produced in partnership with Robert Smeath of New Quadrant Partners Ltd
1st Mar
News
Private Client analysis: The court rejected a claim brought by a disappointed family member of a deceased relative that the said relative had intended...
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...
Produced in partnership with Camilla Bishop of Keystone Law
1st Mar
Precedents
Beneficiary ID formBeneficiary details in the Estate of the late [name of deceased]Name of BeneficiaryAddress of BeneficiaryRelationship to [name of...
2nd Mar
News
Private Client analysis: An executrix, Sharon Hudman (Sharon), brought a Part 8 Claim under section 50 of the Administration of Justice Act 1985 (AJA...
2nd Mar
News
Private Client analysis: A beneficiary under the Will of Audrey Thelma Anita Arkell (the ‘Deceased’) brought a Part 8 claim against the executors to...
2nd Mar
News
Restructuring & Insolvency analysis: This decision clearly demonstrates the dangers of dealing with assets falling within the assets of a deceased’s...
2nd Mar
News
Private Client analysis: The deceased executed a very short homemade Will from his hospital bed during the last weeks of his life. The defendants...
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...
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...
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...
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...
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...
Produced in partnership with James Brockhurst of Gowling WLG
1st Mar
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