ÀÏ˾»úÎçÒ¹¸£Àû

View the related checklists about Grant of Probate

Gathering evidence in a family provision claim—checklist

Gathering evidence in a family provision claim—checklist This Checklist sets out the evidence which it may be necessary to obtain in a family provision case depending on the facts of the particular case. Claimant or defendant: • death certificate of the deceased • grant of probate or letters of administration of the deceased • current Will and codicils and Will file (if applicable) • former Will(s) • documentary evidence of deceased's reasons for the making the provision set out in the Will, eg letter(s) of wishes or instructions to make the Will • list of the deceased's assets and liabilities • marriage or civil partnership certificate • papers regarding divorce or separation • child maintenance orders • evidence of

Probate claim procedure—table

Probate claim procedure—table This table provides an outline of the procedure where there is a probate claim. For further guidance, see: Practice and procedure—contentious trusts and estates—overview and Probate actions (probate claims)—overview. Action CPR Issue of claim form If Claimant is a child or protected party follow CPR Part 21 in relation to appointment of litigation friend. CPR 21.1–CPR 21.6 Claimant prepares claim form (Form N2), with a copy for filing and further copies for service on each Defendant. CPR 7.2, CPR 57.3 Claim form must contain a statement of the nature of the interest of Claimant and of each Defendant in the estate of the deceased to which the claim relates. CPR 57.7(1) Particulars of claim may be contained in claim form (or served separately (see below)). CPR 7.4(1)(a) If the proposed claim is for revocation of grant: Every person who is entitled or claims to be entitled to administer the estate of the deceased under an unrevoked grant of probate of the Will or letters...

View the related flowcharts about Grant of Probate

Grant of probate/administration—flowchart

Grant of probate/administration—flowchart The following flowchart deals with the main steps in the administration of an estate from the time of first

View the related practice notes about Grant of Probate

Application for a grant of representation

Application for a grant of representation STOP PRESS: From 18 January 2024, customers applying for probate in England and Wales no longer need to complete an IHT421 probate summary to submit with the IHT400 account.  Under a new procedure, HMRC now sends a letter to the PRs or their agent confirming receipt and processing of the IHT400 and provides a unique code and the details of the estate values which are needed to make a probate application to HMCTS Probate. According to HMRC’s Trusts and Estates Newsletter (March 2024), the procedure remains unchanged in Scotland and Northern Ireland. For more information, see: LNB News 18/01/2024 9, HMRC Agent update issue 116 (17 January 2024) and HMRC Trusts and Estates Newsletter (March 2024). FORTHCOMING CHANGE: Abolition of non-dom regime and introduction of residence-based IHT regime. At Autumn Budget 2024 on 30 October 2024, the Labour government confirmed that it will proceed with plans of the former Conservative administration to abolish the remittance basis of taxation and replace...

Administration actions—personal representatives bringing and defending proceedings Q&As

Administration actions—personal representatives bringing and defending proceedings Q&As This Practice Note aims to guide practitioners to Q&As and worked examples of the relevant principles where personal representatives (PRs) either bring legal proceedings on behalf of the estate, for example to recover a debt owed to the deceased or where personal representatives defend legal proceedings brought against the estate. This may be in respect of something the deceased did or did not do in the lifetime, for example, in respect of an alleged debt the deceased owed or a claim for damages against the deceased for something they did or failed to do. This Practice Note does not cover claims by warring beneficiaries, claims against the estate by disappointed beneficiaries or claims against the personal representatives for failing to carry out their duties properly. For guidance on these areas, see the following Overviews: Probate actions (probate claims), Family provision claims and Administration actions. It should be noted that although new Q&As are added to this Practice Note as they...

View the related precedents about Grant of Probate

Interim distribution letter and/or interim accounts to residuary beneficiary

Interim distribution letter and/or interim accounts to residuary beneficiary [enter name of beneficiary] [enter address of beneficiary] [enter date] Dear [enter name of beneficiary] The late [enter name of deceased] Further to my letter dated [enter date of last letter] I am pleased to confirm that I have received the grant of probate in [name of deceased]’s estate. I [enclose a cheque for the sum of £ [enter amount] OR have today transferred the sum of £[enter amount] to your account with

First letter to residuary beneficiary—where there is a Will

First letter to residuary beneficiary—where there is a Will [enter name of beneficiary] [enter address of beneficiary] [enter date] Dear [name of beneficiary] The late [name of deceased] [also known as [enter any other name by which deceased was known]] I regret to inform you of the death of the late [name of deceased] who died on [date of death]. I am [enter details of position and firm name] and my firm is instructed by the executors in relation to the administration of the estate. You are [one of] the residuary [beneficiaries OR beneficiary] named in the Will of the late [name of deceased] which means that you will receive [the balance of OR x% of OR a proportion of] the estate once all of the debts and

View the related q&as about Grant of Probate

How can a conditional fee arrangement be adopted from a litigation friend to a personal representative?

How can a conditional fee arrangement be adopted from a litigation friend to a personal representative? Conditional fee arrangements A conditional fee arrangement (CFA) is: • an agreement with a person providing advocacy or litigation services (ie your firm) • that provides for your fees and expenses (ie your base costs and disbursements), or any part of them to be payable only in specified circumstances—usually in the event that your client succeeds in their matter For further guidance on CFAs generally, see: CFA—overview. Litigation friends A litigation friend is required where any of the following persons is party to proceedings: • a person who lacks capacity (P), defined by Court of Protection Rules 2017, SI 2017/1035, r 2.1 and paragraph 2 of Schedule A1 to the Mental Capacity Act 2005 (MCA 2005) as: ◦ any person (other than a protected party) who lacks or, so far as consistent with the context, is alleged to lack capacity to make a decision or decisions in relation to any matter...

Where the sole executor and residuary beneficiary (A) of the testator T’s estate survives T but dies before taking a grant of probate, leaving a Will appointing B as executor of their own estate, what steps are required in order for B to administer T’s estate?

Where the sole executor and residuary beneficiary (A) of the testator T’s estate survives T but dies before taking a grant of probate, leaving a Will appointing B as executor of their own estate, what steps are required in order for B to administer T’s estate? On the basis that the sole appointed executor (A) died before taking out the grant in T’s estate and there is no surviving executor (nor a substitute executor), the chain of representation has been broken and the grant will need to be one of administration with Will annexed. See Practice Note: The chain of representation. The Non-Contentious Probate Rules 1987, SI 1987/2024, r 20 sets out the ‘Order of priority for grant where deceased left a Will’. The first person in that order is the executor (ie A) but in the absence of an executor (ie because A has died) it is necessary to scan the subsequent list to determine a surviving person who is able to apply for a grant. As noted in...

View the related News about Grant of Probate

Private Client weekly highlights—13 March 2025

This week’s edition of Private Client highlights includes: (1) Ashimola v Samuel, an unusual probate case involving allegations of fraud, forgery, and impersonation; (2) the Office of the Public Guardian issues guidance on Court of Protection deputies’ approach to family care payments; (3) R (on the application of VRP, a protected party, by her litigation friend SR) v The Royal Borough of Kingston Upon Thames, which considered a local authority’s duty to provide same-sex carers; (4) HMRC has published a new version of the IHT grossing up calculator; and (5) Louwman v Revenue and Customs Commissioners, which held that offshore income gains and accrued income profits of a taxpayer were not ‘protected foreign source income’ under the transfer of assets abroad regime.

Reforming the Personal Injury Pre-Action Protocols

Personal Injury and Clinical Negligence analysis: The Civil Justice Council (CJC) has concluded its extensive review of the various existing pre-action protocols (PAPs). Here we focus specifically on the Personal Injury PAPs.