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View the related checklists about Letters of Administration

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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Administrator (entitlement to grant)—flowchart

Administrator (entitlement to grant)—flowchart This flowchartdeals with the position where an individual dies with a Will which cannot be administered because there are no executors available to act, perhaps because none were appointed in the Will or where those appointed have predeceased or are unable or incapable of acting. In such a circumstance an administrator needs to be appointed to administer the estate with a grant of letters of administration with Will annexed. Such

View the related practice notes about Letters of Administration

Fast find key contentious trusts and estates precedents

Fast find key contentious trusts and estates precedents Probate actions Client guide This Precedent client guide provides an overview of probate disputes for a client or potential client. It sets out what contentious probate is and the types of claims that can be brought. It also provides practical points for the client to consider: Contentious probate—client guide Pre-action It is necessary to gather information during the pre-action stage. It is common to request information from relevant health authorities and to request a copy of the Will file. Form 124–letter to general practitioner or local health authority incorporating a request for a report Probate actions—Larke v Nugus letter A letter of claim provides early warning of the claim and sets out why it is being made. Letter of claim—probate action Letter of claim—proprietary estoppel claim Caveats and citations A caveat (also known as a stop) is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry. Warning to caveator Summons...

Ireland—Pre-action conduct

Ireland—Pre-action conduct This Practice Note sets out and examines certain pre-action conduct requirements and recommendations, and is directed at parties entering into, or intending to enter into civil litigation in the Irish Superior Courts. It considers pre-action obligations in respect of mediation and Calderbank offers. It also considers pre-action conduct in personal injuries claims, defamation actions, matters to be heard by the Workplace Relations Commission, actions in respect of deceased estates, debt recovery actions, commercial disputes, landlord and tenant claims and judicial review. It looks at the procedure in relation to pre-action discovery and inspection and the principles in relation to pre-action delay. It also considers future development in relation to pre-action conduct in Irish civil litigation. Pre-action conduct in Ireland While adherence to best practices in respect of pre-action conduct may prove beneficial in terms of avoiding the commencement of litigation entirely or by clarifying and/or narrowing the issues to be litigated, non-adherence may result in costs implications for a prospective litigant, and/or the refusal of an order sought....

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Notice of exercise of option

Notice of exercise of option The Company Secretary [insert date of letter] [insert name of company who granted the option] (Company) [[insert address of company that granted the option]] Form of notice of exercise From: [insert name of option holder] 1 Exercise of the Option I refer to the option granted to me on [insert date on which the share option was originally granted] over [insert class and nominal value of shares under option] shares in the Company (Shares) [under the terms of the [insert name of plan under which option was granted] (Plan) OR by a deed entered into by the Company on that date (Deed)] (Option), and hereby give notice that I am exercising the Option in respect of [insert number of shares being exercised] Shares at the exercise price of £[insert exercise price per share as in the original grant documentation] per Share (Exercise price) and request the allotment or transfer to me of those Shares in accordance with the terms...

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)...

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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...

A was appointed as executor of T’s estate, but dies before completing administration of the estate. A has by their Will appointed B as their executor. Under what circumstances can B administer T’s estate?

A was appointed as executor of T’s estate, but dies before completing administration of the estate. A has by their Will appointed B as their executor. Under what circumstances can B administer T’s estate? By virtue of section 7 of the Administration of Estates Act 1925 an executor who proves their testator’s Will also becomes the executor of any Will of which their testator was the sole or last surviving proving executor. This chain of representation carries on ad infinitum. A chain of representation subsists through the proving executor of a Will and may be broken by an intestacy, the failure of a testator to appoint or properly to appoint an executor, or by an executor not proving their testator's Will. Where an executor has died testate but his executor does not prove his Will, the chain is in abeyance. If an executor does not wish to perpetuate the chain he may renounce probate but may, if he is a/the residuary legatee and devisee in trust or a/the residuary...

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Private Client weekly highlights—7 November 2024

This week’s edition of Private Client highlights includes: (1) analysis of Oliver v Oliver where the court set aside a Will for lack of testamentary capacity and undue influence; (2) Sammut v Next Steps Mental Healthcare Ltd, which considers when does a private care provider exercise a public function for the purposes of section 6 of the Human Rights Act ; (3) The Health Service Executive of Ireland v SM, where the court was asked to recognise and enforce an order of the Irish High Court for the treatment of a vulnerable person at a UK mental health facility; (4) Mohammed v Daji, an important case about discerning the intention of donors and identifying terms of the charitable trust where documentary evidence is limited; (5) Abrey v Abrey, in which the court granted an interim injunction to protect the claimant’s rights as a partner in the family business and facilitate resolution to ongoing dispute within partnership; (6) Wythe v Zavos, where the court approved the trustees’ application under section 57...

Question of the week: What is the process to obtain Letters of Administration when the deceased is survived by a minor child, a mother, and a sister, with the surviving parent (father) wishing to renounce their right to administer the estate, and the mother and sister seeking to take out the Letters of Administration?

This Q&A considers the application for a grant of letters of administration by the deceased's mother and sister for the use and benefit of the deceased's minor child, where the child's surviving parent does not wish to apply for a grant.