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Probate news articles

Probate: What happens when beneficiaries want to remove an executor or administrator?

I often come across cases where personal representatives and beneficiaries don’t get on and one party wants to remove another.  Can this be done after an executor or administrator has obtained a Grant of Probate or a Grant of Letters of Administration? The short answer is yes, but there needs to be a very good reason! An application to remove or substitute a personal representative is usually brought under s50 of the Administration of Justice Act 1985.  The court will then consider the welfare of the beneficiaries. Removal applications are expensive and the court will therefore want to see a compelling reason for the removal, together with evidence that that no alternative means of resolving the dispute exists. The person making the removal application will need to show that the estate cannot be properly administered for the benefit of the beneficiaries in the existing situation.  Applications based on personal friction, which do not impede …Read More

Probate: What do your clients want to pass on to the next generation when they die?

A survey by CPJ Field & Co funeral directors asked people what they would like to pass on to others when they die.  The people surveyed were split into two age groups; 18-44 and 45+ The older group had a fairly traditional view of items to pass on to their loved ones, including photos, jewellery, property and ornaments. The younger group favoured less tangible legacies such as recipes and family traditions, although they also said they’d want to leave jewellery and photos. By Karen Shakespeare, 16th May 2013.

Probate: Consultation begins on inheritance and trusts bill

The government has issued a draft Inheritance and Trustees’ Powers Bill based on recommendations published by the Law Commission in December 2011.  The draft bill includes the following provisions: Intestacy Rules – removal of life interest trust As things stand, if the deceased leaves a spouse and children, the surviving spouse receives only the first £250,000 of the estate. The remainder is split in two, with half going to the deceased’s children outright and the other half going to the children when the surviving spouse dies (a life interest trust). Under the new bill, the surviving spouse gets the £250,000 statutory legacy, the deceased’s personal chattels and half the balance of the remaining estate outright. Children or other descendants share the other half of the balance. Intestacy rules – removal of parents and siblings At the moment, if the deceased had no children, and the estate is worth more than …Read More