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Practice and procedure


Fast find key contentious trusts and estates precedents

This collection of contentious trusts and estates Precedents consists of those that are frequently used in probate claims, claims under the Inheritance (Provision for Family and Dependants) Act 1975 and administration actions as well as some trusts precedents. It also includes some less frequently used Precedents. It combines Precedents drafted by the Lexis+ UK Practical Guidance team with Precedents from other popular sources elsewhere in Lexis+ Legal Research.

See Practice Note: Fast find key contentious trusts and estates precedents

How to issue a Part 7 claim in contentious estates

This How to guide provides guidance on how to issue a Part 7 claim in contentious estates. It focuses particularly on procedural aspects that are specific to contentious estates.

See Practice Note: How to issue a Part 7 claim in contentious estates.

Psychology of trust and estates disputes

This Practice Note considers the psychology of trust disputes, including common triggers of disputes, common biases and possible solutions.

See Practice Note: Psychology of trust and estates disputes.

Practice and procedure—CPR Part 57—probate and

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Latest Private Client News

Private Client weekly highlights—17 October 2024

This week’s edition of Private Client highlights includes: (1) Morris v Morris, in which the court held that the forfeiture rule did not apply in the particular circumstances of the case; (2) HMRC updates form IHT435 and guidance on IHT100 suite of forms; (3) Cleave v Cleave, which considered the requirements for a proprietary estoppel claim when dealing with a trust of land; (4) Lime and Black v Mistry, where a de facto director was held liable for a company’s losses); (5) the Competition and Markets Authority new consumer law guidance for unregulated legal services, including will-writing and pre-paid probate services; and (6) Trustees of Panico Panayi Accumulation and Maintenance Settlements No 1 to 4 v HMRC, in which the Upper Tribunal applied conforming interpretation of exit tax legislation.

Question of the week: Where there are two executors of an estate and the first executor wishes to administer the estate alone but the second executor objects and wants to participate, can the first executor make an application for a grant alone, without the consent of the second executor, and serve notice on the second executor in accordance with the Non-Contentious Probate Rules 1987, r 27(1), or must the second executor reserve power to apply for a grant at a later time?

This Q&A considers whether an application for a grant of representation can be made by an executor without the consent of another appointed executor and give notice to that other executor that he has the power to apply for a second and separate grant at a later date, effectively making a decision on behalf of the other executor that he will reserve power to apply for a grant.

Amendments to group claims permitted following appeal (Viegas v The Estate of José Luis Cutrale)

Dispute Resolution analysis: The Court of Appeal has considered complex questions arising on an appeal of a decision dismissing a challenge to amendments to group litigation cartel proceedings, where a viable limitation defence had been raised. The conclusion, however, depended upon an undertaking given by the claimants not to rely upon the doctrine of relation back. Written by Phillip Patterson, barrister, Gatehouse Chambers.

Seeking enforcement of a foreign judgment in the English courts (Al Hamed v Al Hamed)

Dispute Resolution analysis: In a recent decision Mr Stephen Houseman KC (sitting as a judge of the High Court) considered an action for recognition and enforcement of a foreign judgment (the ADCC Judgment), together with an application for a freezing order in support of proceedings under way in the Abu Dhabi Court of Cassation. Written by Sarah Prager KC, barrister at Deka Chambers.

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