A new guide, Electronic Signing and Witnessing, has been added to the Reference Materials folder in all By Lawyers matter plans. Read more…

A new article about avoiding disputes after the death of a loved one has been published. Read more...

We are pleased to announce that a new Estates Disputes publication has been published. Comprising two guides, Estate disputes – Acting for the claimant and Estate disputes – Acting for the defendant, the publication contains all the commentary, precedents, and forms needed. Read more...

We are delighted to release the first in our 101 Reference Series - a comprehensive reference guide dealing with: estates - probate and administration; powers of attorney; and wills; This is a must-have, easy-reference resource for all firms, providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings and plain English format. The content can be cut and pasted into letters or emails to clients either in response to an initial enquiry or during the course of a matter. If you would like everyone in your firm to be able to readily answer questions such as the ones below, then the firm will definitely benefit from 101 Succession Answers! What happens if the sole executor dies? How far does the personal liability of an executor extend? Can a solicitor take a benefit under a will that the solicitor has witnessed? What happens if the attorney acting under a power of attorney becomes bankrupt? Under what circumstances might a grant of probate be revoked?

To assist practitioners working in estate administration, the Probate and Letters of Administration guides have been enhanced with commentary covering variation of testamentary and intestate dispositions and the effect that they may have on the estate’s tax position. In addition, 11 new post-death deed of variation precedents have been published which cover the most common requirements. We invite you to explore these updated publications. Comments and feedback are always welcomed.

We are very pleased to announce the release of a Letters of Administration guide. The guide covers all aspects of practice and procedure when acting in the administration of an estate where there is no will, or there is a partial intestacy. The guide assists practitioners with all aspects of the estate administration from applying for a grant through to distribution. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes law and procedure relating to the intestacy rules and the impact that they have on the distribution of the estate to creditors, claimants and beneficiaries. A number of new precedents have been published, including: 6 examples for the content of an administrator’s statement of truth; A full suite of letters to administrators, beneficiaries and third parties; and A very useful precedent Estate Summary Pack. The Letters of Administration guide is an invaluable resource for all practitioners who deal with estate administration, including those with limited experience in this area or those supervising junior lawyers.

The Estates guide has been enhanced with the addition of some clarification of the operation of the Insolvency Act 1986 when assets pass by survivorship out of insolvent estates. Beneficiaries could be asked to make a payment to the estate within five years of the death if an insolvency administration order is made.

All probate applications must be made online from 2 November 2020, with a few permitted exceptions for complex applications. The Estates commentary has been updated to reflect this change, and to provide a list of the exceptions for which a postal application may be made.

The Estates commentary has been enhanced to include discussion of recent case law pertaining to the forfeiture rule and a helpful section on locating a will.

The Estates commentary has been updated to reflect operational changes brought in by HM Revenue & Customs and the Probate Registry. HM Revenue & Customs will no longer print and stamp the inheritance tax Probate Summary, form IHT421, and return it to customers. Instead, they will email the IHT421 directly to the HM Courts & Tribunals Service. They will let the agent or taxpayer know when they have done this either by writing, or by adding a note to the IHT calculation. HM Revenue & Customs will no longer be accepting cheque payments for IHT, or making IHT repayments by cheque. They have started to update various IHT forms to include space to add bank details. To date, the provision to add bank details has been added to the Claim for Relief – Loss on Sale of Shares, form IHT35, and Inheritance Tax Account, form IHT100. Practitioners should make sure that they are using the latest versions of all forms. Probate applications should be sent to the Oxford and Newcastle district registries only, and not Cardiff or Harlow. The Estates commentary provides practical guidance for all those running probate files.

From 20 April 2020 existing statements of truth for estates will be replaced by the new grant of representation application forms. Old-style Statements of Truth received after that date will be rejected by the Probate Registries and practitioners asked to submit the appropriate new form instead. The implementation of the new forms is part of HM Courts & Tribunals Service’s drive to streamline its systems thereby enabling bulk scanning. This in turn is expected to reduce errors and speed up their processes. The new forms which may be found on the matter plan are: PA1A – Probate application – without a will PA1P – Probate application – with a will PA8A – Application to stop, or extend a stop on a grant of representation (Caveat)

The By Lawyers Estates Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a probate matter. The commentary has been expanded, and a new To Do List has been included. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in the administration of an estate.

To assist practitioners when making an emergency application for a limited grant to preserve assets in estates, By Lawyers have drafted a precedent Example Content - Statement of Truth - Ad Colligenda Bona - Limited Grant. Read more...

The Probate and Wills Commentaries have been updated to reflect the increase to the statutory legacy payable to a spouse on intestacy. From 6 February 2020 the legacy is £270,000.

Our author has recently reviewed the probate publication providing several new precedents and amending the commentary. Additional automation was also added to some of the precedents to increase flexibility and efficient usage.