Probate meaning

Caveat is entered Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (as amended) Apply for a caveat online or via Form PA8A (see the forms tab within the Probate actions subtopic) — NCPR 1987, SI 1987/2024, r 44(2). The caveator lodges the caveat at the Principal Registry of the Family Division or at a district probate registry by post or electronically — NCPR 1987, SI 1987/2024, r 44. Fee: £3; if submitted electronically, payment must also be electronic — NCPR 1987, SI 1987/2024, r 44. The deceased’s name is recorded in the index of caveats — NCPR 1987, SI 1987/2024, r 44(4). Unless otherwise provided, the caveat endures for six months from the date of entry — NCPR 1987, SI 1987/2024, r 44(3)(a). The index of caveats is checked — NCPR 1987, SI 1987/2024, r 44(4). On receiving an application for a grant at the registry of filing or notice of an application made elsewhere, the district judge or registrar...

This table provides an outline of the procedure where there is a probate claim For additional guidance, consult: Practice and procedure—contentious trusts and estates—overview, and Probate actions (probate claims)—overview. Issue of claim form (CPR): where the Claimant is a child or a protected party, comply with CPR Part 21 regarding the appointment of a litigation friend (CPR 21.1–21.6). The Claimant completes the claim form (Form N2), retaining one copy for filing and further copies for service on each Defendant (CPR 7.2, CPR 57.3). The claim form must set out the nature of the interest of the Claimant and of each Defendant in the deceased’s estate to which the claim relates (CPR 57.7(1)). Particulars of claim can appear within the claim form, or be served separately (CPR 7.4(1)(a)). For a claim seeking revocation of a grant: every person entitled, or asserting entitlement, to administer the deceased’s estate under any unrevoked grant of probate of the Will or letters of administration must be joined...

This Checklist Produced together with both Josephine Howe, partner, and Grace Gao, counsel, at Ogier, this checklist was created...

In Scotland, minor offences are pursued via a summary complaint. The summary process is governed by Part IX of the Criminal Procedure (Scotland) Act 1995...

STOP PRESS: This document is currently being revised to take account of the implementation of the Data (Use and Access) Act 2025 (DUAA 2025), which modifies the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance impact of DUAA 2025, refer to Practice Note: Data (Use and Access) Act 2025—compliance implications. This Flowchart follows the approach outlined by the European Data Protection Board (EDPB) to assess whether you may carry out an international transfer of personal data relying on standard contractual clauses (SCCs) or binding corporate rules (BCRs). These transfer tools can be used only where the safeguards, enforceable rights and legal redress available to individuals in the destination country are essentially equivalent to those guaranteed by the General Data Protection Regulation (GDPR). The ‘essentially equivalent’ benchmark derives from the Facebook Ireland and Schrems ruling (Schrems II), determined under the EU GDPR. The Information Commissioner’s Office (ICO) has issued Guidance on transfer risk assessments, which adopts the phrase ‘sufficiently similar’ for transfers under the...

The flow diagram outlines when an executor might renounce probate, the effects this has on administering the estate, and which other individuals may apply for a grant instead, in their place. It also additionally covers the circumstance in which a proving sole, or sole-surviving, executor dies, and explains how the chain of representation interacts with renunciation by their own executor(s). If one of several appointed executors dies after obtaining a grant, but there remain surviving, proving executors named in that grant, those executors will carry on acting...

Oliver v Oliver [2024] EWHC 2289 (Ch) What are the practical implications of this case? This judgment stands as an uncommon instance of a Will being set aside for both want of testamentary capacity and undue influence despite professional preparation, the court having the testator’s recorded instructions, and a certificate obtained from the testator’s GP. It merits close reading for its survey of authority and its demonstration of the application of legal principles in real cases, including where a defendant declines to engage with the proceedings. The court concluded that William lacked testamentary capacity after a detailed evaluation of his medical notes (including a post-mortem), expert opinion from a Consultant in Old Age Psychiatry, and witness evidence. Although a determination on undue influence was not required, the reasoning still provides a helpful illustration of a successful claim. Jane adduced substantial material evidencing Rodney’s domination of William, which encompassed restricting his contact with other relatives and influencing his medical treatment. Rodney induced William to cease his prescribed treatment and instead...

Lorenz v Caruana and others [2025] EWCA Civ 606 What are the practical implications of this case? The ruling underscores that claims premised on obligations said to arise from spoken discussions will seldom be apt for summary judgment. Here, the supposed duty took the form of a secret trust; nonetheless, the reasoning equally touches claims of purported oral contracts more broadly. It serves as a prompt to advisers that, where a case turns mainly on witness accounts, save in exceptional instances the court will be unable to resolve factual disputes ahead of trial. A bid for summary judgment is therefore unlikely to prosper unless the material refuting the existence of any oral bargain is compelling in the extreme, or the asserted obligation conflicts with a settled legal principle, on both the facts and the law advanced. What was the background?...

See Q&A: If a last surviving executor dies after probate has been granted, but there are executors who reserved power to apply for a double grant of probate, who will continue the administration of the estate? Under section 7(1) of the Administration of Estates Act 1925 (AEA 1925), the person who is executor to a sole, or to the final surviving, executor of a testator is treated as the testator’s executor. This principle is known as the chain of representation...

This Practice Note has been prepared in collaboration with Anthony Partridge of Ogier, Cayman Islands, and Wisdom Hon of Ogier, Hong Kong. Introduction For individuals who are not domiciled in the Cayman Islands but personally hold assets located in the Cayman Islands, they may put in place a separate Will governed by Cayman Islands law to dispose of those assets and ease the subsequent probate process. Under Cayman Islands law, the governing law for both the formal validity and the essential/material validity of a Will made by a person domiciled abroad depends on the nature of the assets concerned. For immovable property situated in the Cayman Islands, the applicable law is the lex situs, namely the law of the Cayman Islands. For movable property, including cash held in bank accounts or shares in Cayman Islands companies (such as Cayman Islands exempted companies), the applicable law is the law of the deceased’s last domicile. It should be noted that not all shares connected with the...

Taxation regime What factors determine tax liability in your jurisdiction (eg domicile, residence or citizenship)? Türkiye’s tax landscape is intricate, operating through numerous laws, regulations, communiqués and subsequent amendments. The key legislative instruments include: Tax Procedure Law No. 213 (10 January 1961) Corporate Tax Law No. 5520 (21 June 2006) Value Added Tax Law No. 3065 (2 November 1984) Stamp Tax Law No. 488 (11 July 1964) Income Tax Law No. 193 (6 January 1961) Broadly, the Turkish Tax System is considered under three headings: (i) income taxes, such as individual income tax and corporate income tax; (ii) taxes on expenditure, including Value Added Tax (VAT), the Banking and Insurance Transactions Tax and Stamp Tax; and (iii) taxes on wealth, for example Property Tax and Inheritance and Gift Tax. For natural persons, residency, ownership of property and citizenship are key in determining which taxes apply in Türkiye. An individual’s tax burden is mainly linked to their earnings,...

There are several routes, both uncontested and contested, to remove a personal representative; below is an outline of each method. Renunciation An executor can disclaim the right to apply for a grant of probate by a signed, witnessed written renunciation filed at the probate registry (see Practice Note: Removal, renunciation and retirement of personal representatives). Renunciation is barred where the executor has already intermeddled with the estate (see Practice Note: Intermeddling in an estate). By contrast, an administrator need not make any statement about intermeddling. A template for administrators’ renunciation appears in Form PA16. If an executor declines to renounce or to extract probate at that stage, the proving executors may obtain probate with power reserved to that executor instead (see Practice Note: The type of grant needed). Passing over–section 116 Senior Courts Act 1981 Under section 116 of the Senior Courts Act 1981 (SCA 1981), the court can, in special circumstances, if necessary or expedient, pass over the person otherwise entitled to the grant—even one...

1 Legal costs 1.1 The legal costs of [ insert brief description of services, eg obtaining a grant of probate and distributing an estate ] consist of [ two OR three ] principal elements: our fees; outlays we pay on your behalf (often referred to as disbursements) [ ; OR . ] [ costs you may need to pay to another party. ] 1.2 Our charges We apply a fixed-fee structure [ of £[ insert price excluding VAT ] OR ranging between £[ insert price excluding VAT ] and £[ insert price excluding VAT ] depending on [ insert description of the factors that will dictate where in the fixed price range your fees will fall, eg the value and complexity of your matter ] ] . [ If a matter or transaction does not reach completion, we reserve the right to charge for the work undertaken, using our standard charging rate of £[ insert rate...

Claimant [ initial and family name ]: First: [ date ] BEFORE [ HIGH COURT OF JUSTICE ] [ CHANCERY DIVISION ] [ BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES ] [ PROPERTY, TRUSTS AND PROBATE LIST ] Claim Reference...

FORTHCOMING CHANGE: The government has set out its proposals to apply inheritance tax to unspent pension pots on death, effective from 6 April 2027. For further details, please see News Analysis: HMRC confirms new IHT rules on unused pension funds to apply from 6 April 2027...

As outlined in Practice Note: Intestacy—summary and Entitlement on intestacy—flowchart, the order of entitlement on intestacy is set out within section 46 of the Administration of Estates Act 1925 (AEA 1925)...

Rule 10(2) of the Non-Contentious Probate Rules 1987, SI 1987/2024 (SI 1987/2024, r 10(2)) states that a district judge or a registrar may authorise a facsimile copy of the will, and any codicil, to be duly marked in place of the original...

Broadly, in this context, an asset is assessed only for appropriation purposes by reference to that specific date (rather than the date-of-death valuation that applies for inheritance tax (IHT) purposes)...