We were delighted to see Justice Secretary Robert Buckland give up on the idea of a scaled probate fee. The current administration had been pushing for the thinly-disguised stealth tax since 2016, and was facing a mounting wave of opposition. The top-end fee was … [Read more...]
Can a Deathbed Gift Override the Rules of Intestacy?
Picture the scene of a person receiving their last rites, as physicians confirm they will pass away soon. Relatives gather around the deathbed paying their last respects. A stranger enters, rushes forward, and whispers something. The dying person’s eyes open and they … [Read more...]
How to Renounce the Executorship of a Will You Don’t Want
It may sound irresponsible to many, but a surprising number of executors don’t know they are nominated in wills. Until, that is they discover they are lumped with the task of finalizing the estate, and distributing the assets as the will dictates. They may find … [Read more...]
Applying for Probate What You May Need to Know
A death in the family is a distressing event. It leaves them scrambling for advice regarding what to do with the deceased’s possessions. This is what probate is in England and Wales, although that’s just a legal term for sorting their things out. When someone dies, … [Read more...]
Would the Law of Succession Apply to a Treasure Trove?
The law of succession requires the assets of a deceased person be distributed among their heirs according the rules of succession. This principle may only be ignored where they left a legal will, and then only in the case of assets clearly included in the will. This … [Read more...]
The Costs Associated with Probate in England and Wales
Probate, in headline terms is proving a will is genuine, valid, and the most recent one: And authorizing an executor to implement it. We provide general information on the topic. However, if you are unsure you should always pay for professional advice. We share the cost … [Read more...]
When Probate Research Fails, Governments Gets Lucky (Again)
It would be a crying shame to lose your entire estate to the government, especially after managing your tax affairs diligently all your life. Pity the poor executor without a will to follow, and letters of administration instructing them to distribute the assets … [Read more...]
Could Probate and Justice Be Blind in the U.S. Virgin Islands?
Jeffrey Epstein amassed a personal fortune, some impressive friends, and more than a few lawsuits before he died. We wonder whether he filed his last will and testament in the Virgin Islands to spite the latter. That’s because there are only two judges in the … [Read more...]
Resealing Probate What You Need to Know Before You Try
A grant of probate allows an executor to wind up a specific estate in a particular country. Many of Britain’s dominions and colonies adopted the legal principles of ‘their old country’ as they evolved to full legal independence. Resealing makes it potentially easier … [Read more...]
Stranger Things in Probate: The UK Chain of Representation
The Administration of Estates Act of 1925 established the chain of representation among other matters affecting estates. It established a rule that “An executor of a sole or last surviving executor of a testator is the executor of that testator” too. However, it went … [Read more...]
