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.

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Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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4th May
Q&As
Solicitors are entitled to remuneration for non-contentious business, such as estate administration work, that is fair and reasonable having regard to...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 4th May
Practice notes
The term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties to create irrevocable...
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Produced in partnership with Adam Draper of Shoosmiths 4th May
Practice notes
FORTHCOMING CHANGE: The postal application forms PA1P and PA1A for practitioners introduced on 23 March 2020 are due to be merged with the forms of...
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4th May
Practice notes
What is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the validity of a Will the solicitor who...
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4th May
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
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4th May
Practice notes
Assent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would be appropriate for the...
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4th May
Practice notes
A deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on intestacy.There are formal requirements for...
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4th May
Q&As
The questionThe executors cannot yet apply for the full grant of probate because they do not at this stage have full details of the assets in order to...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 4th May
Q&As
There are specific procedural provisions relating to claims brought by minors or by protected parties (ie those who lack capacity). Minors are not...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 4th May
Practice notes
Deceased domiciled outside England and WalesA grant issued in England and Wales will be necessary to administer those assets if the deceased died...
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4th May
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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4th May
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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4th May
Practice notes
Hotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases of partial intestacy...
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4th May
Practice notes
What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 4th May
Practice notes
Classification of legacies and devisesDue to the doctrines of ademption and abatement, a distinction is drawn between specific, general and...
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4th May

Most recent Wills & Probate content

Practice notes

Registration of Births, Deaths, Marriages and Civil Partnerships (Fees)

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29th Apr
Q&As
This Q&A assumes that no grant of representation has been issued and the executor appointed in the Will has not intermeddled in the estate.Where the...
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29th Jan
Practice notes
In contrast to the recognition of overseas divorce or dissolution of civil partnership, the recognition of an overseas marriage or civil partnership...
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29th Jan
Practice notes
11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
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29th Jan
Practice notes
AppointmentExecutors may be appointed:•expressly by Will•impliedly by Will (according to the terms of the Will)•by a person nominated in the Will to...
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29th Jan
Practice notes
11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
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Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Jan
Practice notes
On an individual's death, the personal representatives (PRs) will generally wish to calculate and settle the inheritance tax (IHT) liability in order...
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28th Jan
Practice notes
Common law and civil law principles affecting foreign estatesPersonal representatives (PRs) will come across foreign estates in the context of assets...
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28th Jan
Practice notes
This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on probate practice and provides answers or guidance on some of the...
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27th Jan
Q&As
This response deals with a Will executed by British citizens who are domiciled in France. ‘Domicile’ means the executors have a permanent home in...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 27th Jan
Practice notes
This Practice Note sets out the principles under which the basic nil rate band (NRB) and the transferable NRB are calculated and applied on the death...
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27th Jan
Q&As
It is assumed that:•under the Will trust, the surviving spouse had no absolute current right to direct the trustees to pay the spouse an ascertainable...
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26th Jan
Practice notes
Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that...
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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 25th Jan
Q&As
Can an executor serve a section 42 notice?Under the Leasehold Reform, Housing and Urban Development Act 1993 where a tenant had the right to a lease...
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22nd Jan
Q&As
This Q&A is limited to cover the situation where neither A nor B (nor anyone else apart from the testator) had an existing interest in the property...
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22nd Jan
Q&As
The government guidance Practice guide 6: devolution on the death of a registered proprietor provides (at para [2.3]) that the personal representative...
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22nd Jan

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