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Entitlement on intestacy—flowchart

Entitlement on intestacy—flowchart This flowchart indicates what a surviving spouse or civil partner will receive from the estate of their deceased partner on intestacy, depending on the size of the estate and whether or not the deceased was also survived by children or remoter issue. It also shows the destination of the estate assets in the case of an

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Introduction to probate and estate administration—training materials

Introduction to probate and estate administration—training materials Click the link below to download the training presentation. Contents • Key terms • Key legislation • Immediate steps following death • Personal representatives (PRs) • Entitlement to the estate • Intestacy rules • Grant not always required • Inheritance tax account • Application for a grant • Types of grant of representation • Administering the estate • Post-death rearrangements • Complex estates and other issues • Other things that can go wrong • Further

Domicile of individuals Q&As

Domicile of individuals Q&As 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 it with a residence-based regime, to commence on 6 April 2025. The government also confirmed its intention to move to a residence-based regime for inheritance tax. The changes will also affect the rules determining excluded property status, the Abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, including draft legislation published with Autumn Budget 2024, see: Autumn Budget 2024—Private Client analysis — International, Autumn Budget 2024 (paras 2.56 and 5.51), OOTLAR (para 1.3) and TIIN: Reforming the taxation of non-UK domiciled individuals. For general information on domicile, see: Domicile of individuals—overview. Note that although new Q&As are added to this Practice Note as they become available, individual Q&As...

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Variation—deed—to insert notional Will—by statutory beneficiaries on intestacy

Variation—deed—to insert notional Will—by statutory beneficiaries on intestacy THIS DEED is made on [date] Parties 1 [Insert names of statutory beneficiaries entitled on intestacy] of [insert addresses of statutory beneficiaries entitled on intestacy] (the Statutory Beneficiaries) 2 [Insert names of administrators] of [insert addresses of administrators] (the Administrators) BACKGROUND (A) [Insert name of deceased] (the Deceased) died intestate on [insert date of death] survived by the Statutory Beneficiaries who are the Deceased’s [ [surviving spouse OR civil partner] ] [and] [[insert details of surviving relatives who are entitled on intestacy] all of full age] (B) Under the provisions contained in section 46(1) of the Administration of Estates Act 1925 the Statutory Beneficiaries are between them entitled on intestacy to the Deceased’s entire estate with [[insert name of Deceased’s surviving spouse or civil partner] entitled to the Deceased’s chattels and payment of the fixed net sum] [and] the Statutory Beneficiaries entitled to the Deceased’s residuary estate in equal shares absolutely. (C)...

Variation—deed—to insert legacy on intestacy—by statutory beneficiaries

Variation—deed—to insert legacy on intestacy—by statutory beneficiaries THIS DEED is made on [date] Parties 1 [Names of statutory beneficiaries entitled on intestacy] of [addresses] (the Statutory Beneficiaries) 2 [Name of new beneficiary of inserted legacy] of [address] (the New Beneficiary) 3 [Names of administrators] of [addresses] (the Administrators) BACKGROUND (A) [Name of deceased] (the Deceased) died intestate on [date of death] survived by the Statutory Beneficiaries who are the Deceased’s [ [surviving spouse OR civil partner] ] [and] [[details of surviving relatives who are entitled on intestacy] all of full age]. (B) Under the provisions contained in section 46(1) of the Administration of Estates Act 1925 the Statutory Beneficiaries are between them absolutely entitled on intestacy to the Deceased’s residuary estate [after the distribution of the Deceased’s chattels and payment of the fixed net sum to [name of Deceased’s surviving spouse or civil partner]]. (C) Under the provisions contained in rule 22 of the Non-Contentious Probate Rules 1987, SI...

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Where no grant was needed in an intestate estate which was thought to be insolvent and the deceased's son agreed with the creditors to write off the deceased's debts, what is the position where it later comes to light that the estate is entitled to £20,000 from another estate? Is a grant required and who would inherit any (surplus) assets?

Where no grant was needed in an intestate estate which was thought to be insolvent and the deceased's son agreed with the creditors to write off the deceased's debts, what is the position where it later comes to light that the estate is entitled to £20,000 from another estate? Is a grant required and who would inherit any (surplus) assets? Whether or not a grant of letters of administration in the deceased's estate is required in order for the personal representatives (PRs) of the other estate to distribute assets to the PRs of thedeceased's estate will depend on the type of assets in the estate and the PRs’ own requirements. See Practice Note: Devolution of assets and the need for a grant. In terms of the beneficial entitlement on the deceased's intestacy, this Q&A refers you to the following Practice Notes: • Intestacy—summary • Intestacy—beneficial entitlement • Entitlement on intestacy—flowchart • Intestacy—beneficial entitlement—Q&As If a grant of letters of administration is obtained in the deceased's estate,...

Where the deceased died intestate leaving a minor child, and the grandparents are the administrators of the estate to which the child is entitled, does the legal guardian appointed have a right to access the estate accounts and/or trust accounts on behalf of the minor beneficiary?

Where the deceased died intestate leaving a minor child, and the grandparents are the administrators of the estate to which the child is entitled, does the legal guardian appointed have a right to access the estate accounts and/or trust accounts on behalf of the minor beneficiary? Guardians of children The guardian of a child has the legal authority to make decisions on the child’s behalf and represent the child’s personal and financial interests. Section 105 of the Children Act 1989 (CA 1989) defines ‘guardian of a child’ to mean a guardian (other than the guardian of the estate of a child) appointed in accordance with provisions of CA 1989, s 5. There are three ways in which a guardian can be appointed: • by a person having parental responsibility for the child under CA 1989, s 5. CA 1989, s 5(3) provides that a parent who has parental responsibility for a child (as defined in CA 1989, s 3) may appoint another individual to be the...

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Jersey reviews the Revenue Rule, upholds it but qualifies it

Private Client analysis: Christopher Scholefield, corporate law partner, and Alex Crockart, trainee English solicitor explore the recent developments to the revenue rule in Jersey courts.

Jersey Court creates a new exception to the revenue rule

Private Client analysis: Keith Dixon, partner, and Elizabeth Le Guillou, head of wills and probate at Carey Olsen LLP explore the recent development of a new exception to the revenue rule in Re Representation of Viberts Executors Limited and Ross Badge.