A Practitioner's Guide to Probate Disputes

A Practitioner's Guide to Probate Disputes
Author: Nasreen Pearce
Publisher: Wildy, Simmonds & Hill Publishing
Total Pages: 340
Release: 2022-03-31
Genre:
ISBN: 9780854902903

This new edition of A Practitioner's Guide to Probate Disputes provides an invaluable guide to the relevant legal framework and the basis on which a will and other testamentary provisions may be challenged. This second edition details the issues that personal representatives must deal with, including grounds for their removal and replacement; lifetime testamentary dispositions and claims; the challenges that can be made in relation to them, and the new measures introduced in relation to the execution and attestation of a will as a result of the COVID-19 pandemic. It also specifically covers wills procured as a result of fraud. This book supplies guidance as to best practice and sets out examples from recent case law to illustrate the legal requirements and the problems which can arise from poor will drafting and a failure to investigate sufficiently all the circumstances relating to the testator/testatrix and their capacity to make a will. New chapters are included on burial disputes and personal representatives. The chapter on procedure for making applications has been expanded to include Pre-Actions steps and disclosure generally. A comprehensive commentary on liability for costs has also been added.

A Practitioner's Guide to Probate and the Administration of Estates

A Practitioner's Guide to Probate and the Administration of Estates
Author: Keith Biggs
Publisher: Wildy Practitioner Guide Series
Total Pages: 0
Release: 2018
Genre: Decedents' estates
ISBN: 9780854902361

The fourth edition of A Practitioner's Guide to Probate and the Administration of Estates is a practical and comprehensive guide to all forms of non-contentious probate applications, completion of Inheritance Tax Accounts and the administration of estates. The book is packed with hints and tips and an accompanying CD-ROM contains a comprehensive set of precedent forms, enabling practitioners to adapt precedents for their own use. The authors provide careful explanations of every step in the procedure for winding up the estate of a deceased person, from taking initial instructions to the final distribution of the estate and closing the file. The book opens with advice on meeting the client and taking proper instructions; moving on to tracking down the assets and liabilities which comprise the estate; completing inheritance tax forms and obtaining any available reliefs and allowances; questions concerning wills and intestacies; applying to the probate registries; discretionary orders; obtaining grants of representation; collecting in the paying debts and liabilities; identifying the beneficiaries and paying the legacies; finalising the tax situation; and distributing the residue of the estate. This new edition has been completely revised with practice and procedure brought up-to-date,

A Practitioner's Guide to Wills

A Practitioner's Guide to Wills
Author: Lesley King
Publisher: Wildy, Simmonds & Hill Publishing
Total Pages: 0
Release: 2023-01-04
Genre:
ISBN: 9780854902965

Revised and fully updated, the fifth edition of A Practitioner's Guide to Wills provides a practical and comprehensive reference for all those concerned in drafting and interpreting wills, and in giving effect to their provisions. Among matters considered in the fifth edition are: - What are the requirements for the virtual witnessing of wills executed during the Covid-19 pandemic? - What can be done to help prevent a successful challenge to a will if the testator's capacity or intention might be an issue? -To what extent can the terms of a will give rise to a need to register a trust with HMRC? - What are the pitfalls if creating a will trust where it is hoped to claim the inheritance tax residential nil rate allowance? - Do nil rate band discretionary trusts still have a purpose in estate planning? - How does the court now deal with disputes over the interpretation of wills in light of Marley v Rawlings and family provision claims after Ilott v Blue Cross? The book also contains an extensive range of specimen clauses and model wills are set out in a separate appendix. All precedent material in the book is included on the accompanying CD-ROM.

A Practitioner's Guide to Executorship and Administration

A Practitioner's Guide to Executorship and Administration
Author: John Thurston
Publisher: Tottel Publishing
Total Pages: 0
Release: 2019-04-18
Genre: Decedents' estates
ISBN: 9781847668936

A Practitioner's Guide to Executorship and Administration is a concise and thorough guide to all matters pertaining to the executorship and administration of an estate in the UK. The book covers all aspects of estate administration and will prove invaluable in estate, will, and probate practice. Considering tax issues, financial consequences, disputes that often arise, new pieces of UK legislation - no matter how complicated a client's financial affairs, this superb book contains the guidance and information you need. Packed full of technical information, it provides guidance to the administration of estates of those dying testate, intestate, or partially intestate, from taking initial instructions, to preparing final accounts, and distributing the estate. A host of forms, examples, practical suggestions, and technical tips are included. This essential guide to UK estate administration and executorship covers: immediate post death procedures * drafting oaths and Inland Revenue accounts

Practitioner's Guide to Probate

Practitioner's Guide to Probate
Author: Biggs
Publisher: Bloomsbury Professional
Total Pages: 520
Release: 2003-12-01
Genre: Law
ISBN: 9781845925192

"The seventh edition of this integral part of 'A Practitioner's Guide to...' series is a self-contained guide to a complex area of the law providing practical, informative and wide-ranging information. Written by two highly regarded authors, the text includes a detailed checklist of procedures. The chapter on inheritance tax and the Inland Revenue Account has been fully updated to include tax changes for 2003 and even more forms and precedents are included in this edition."

A Practitioner's Guide to Contentious Trusts and Estates

A Practitioner's Guide to Contentious Trusts and Estates
Author:
Publisher: Tolley
Total Pages: 329
Release: 2002
Genre: Estates (Law)
ISBN: 9780754516583

Intended to be the first point of reference for busy practitioners, this new handbook covers all relevant aspects of trust and probate litigation. Endorsed by ACTAPS Uniquely combines trusts and estates Includes taxation information

Practitioner's Guide to Contentious Trusts and Estates

Practitioner's Guide to Contentious Trusts and Estates
Author: Evans
Publisher: Bloomsbury Professional
Total Pages: 380
Release: 2002-01-01
Genre: Law
ISBN: 9781845925635

"Intended to be the first point of reference for busy practitioners, this new handbook covers all relevant aspects of trust and probate litigation. "

A Practitioner's Guide to Inheritance Act Claims

A Practitioner's Guide to Inheritance Act Claims
Author: Nasreen Pearce
Publisher: Wildy, Simmonds & Hill Publishing
Total Pages: 0
Release: 2023-05-31
Genre:
ISBN: 9780854902989

This new edition is a comprehensive, accessible, and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975. It provides up-to-date guidance on the law, practice, and procedure on the ever-increasing applications for financial provisions under the Act. The provisions of the Act and its interpretation by the courts are set out and explained by providing summaries of relevant cases. The book also contains a step-by-step guide to the preparation of a case under the Act and the practice and procedure to process an application through the courts. The introduction provides an overview of the background of the legislation, the amendments that have been made, and the issues that still need to be resolved, particularly in relation to cohabitants. Each chapter comprehensively deals with information on the preconditions and time limits to prepare for an application to be made under the Act. These include issues such as domicile, limitation of time, eligibility, grounds for making a claim and the necessary factors to establish a claim. The book also provides useful information on claims based on constructive trusts and proprietary estoppel which so frequently arise in farming claims and claims made by cohabitants and other family members. The new edition sets out the challenges of cryptocurrencies, crypto assets, and currency. It also emphasises the importance of engaging in negotiations and mediation as part of the pre-proceedings steps to be taken, and the adverse impact on costs of failure to do so or frustrating attempts made to resolve the issues by agreement. The Appendices contain the 1975 Act, as amended, various Rules and Practice Directions, ACTAPS Practice Guidance, as well as precedents which provide a checklist of the information and evidence necessary to establish a case for each category of eligible claimant.

Probate Disputes and Remedies

Probate Disputes and Remedies
Author: Dawn Goodman
Publisher:
Total Pages: 278
Release: 1997
Genre: Probate law
ISBN: 9780752002354

Providing an in-depth discussion of contentious probate, this manual explains the law and procedure in this area in a concise fashion. It highlights specific problems which practitioners are likely to encounter in practice and provides advice on how to set about solving them. For each problem the authors identify and explain the various courses of action available. Practitioners are taken step-by-step through the procedures involved and the book examines the advantages and disadvantages of each course of action, pointing out potential pitfalls along the way. Advice is offered on such areas as administration and payments into court; cost of litigation; do's and dont's of administering an estate pending litigation; dealing with estates with a foreign litigation element; and applications for injunctive relief.