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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...

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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

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When to seek a third party debt order—spotting the opportunities

When to seek a third party debt order—spotting the opportunities This Practice Note is designed to assist in spotting opportunities for when a Third Party Debt Order (TPDO) can be used as a means of enforcing a money judgment. For guidance on the process for obtaining a TPDO and for frequently asked questions in relation to them, see Practice Notes: • How to apply for a third party debt order (TPDO) • Third party debt orders—flowchart • Third party debt orders—frequently asked questions Is a TPDO worth the effort? Once a money judgment has been obtained, if it remains unpaid then enforcement action can be taken by the creditor. What enforcement action is taken is entirely the creditor’s choice (see CPR 70.2(2)). TPDOs are the least used enforcement method. The reasons for this are probably due to the fact that the creditor has to supply evidence to the court for their knowledge or belief that the third party is indebted to the debtor (CPR PD 72, para 1.2(7))....

Unilateral relief—UK IHT

Unilateral relief—UK IHT Unilateral relief may be available as a credit against UK inheritance tax (IHT) where a tax of a character similar to IHT has been imposed on property in an overseas territory (ie any territory outside the UK). This is explained in the HMRC Inheritance Tax Manual at IHTM27185. Information on individual jurisdictions can be found in the International Q&A guides—Private Client subtopic. When does unilateral relief apply? Unilateral relief will apply mainly in relation to territories to which double tax relief does not apply. Where a double tax treaty has been entered into between the UK and a foreign territory, double tax relief for IHT will apply. These reliefs seek to limit the payment of inheritance or estate tax on the same asset in both countries. Double taxation may arise because: • jurisdictions levy tax on the basis of varying factors (such as the residence, domicile or nationality of the deceased or of the heirs, or both or the location of assets). Some jurisdictions may...

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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

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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...

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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.

Private Client weekly highlights—14 November 2024

This week’s edition of Private Client highlights includes: (1) Ballard v Buzzard, where rectification was ordered to validate pension scheme amendments despite defects in the execution of the deeds; (2) TA v The Public Guardian, which concerned the duties of a certificate provider for a lasting power of attorney; (3) the Civil Justice Council publishes its final report on the procedure to determine mental capacity in civil proceedings; (4) HMRC publishes new guidance on the abolition of the furnished holiday lettings tax regime; (5) Harrow School’s unsuccessful cy-pres application to expand and update its charitable objects, and (6) Raja v ATM Law, which involved a dispute over the beneficial interest in a property subject to a charging order and the validity of trust deeds.