What does Letters of Administration mean? A court grant authorising an administrator (the personal representative) to collect, manage and distribute a deceased person’s estate where there is no valid will, or no executor able and willing to act. It is a grant of representation used in probate and intestacy practice. In England and Wales, letters of administration are issued by the Probate Registry under the Administration of Estates Act 1925 and the Non-Contentious Probate Rules 1987. Variants include letters of administration (intestacy) and letters of administration with will annexed (where a will exists but no executor can act). In Northern Ireland, they are granted under the...
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The High Court exercises jurisdiction over probate and letters of administration, encompassing all contentious and non-contentious matters relating to:
The probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division (and the County Court). The Family Division handles non-contentious, or common form probate work, while the Chancery Division deals with contentious, or solemn form probate. See Practice Note: What are common and solemn form probate?
The key issues are:
When granting representation, the Family Division considers the terms of testamentary documents to resolve a construction point, but is not obliged to do so. It may instead exercise its discretion to issue a grant to an appropriate person, leaving any construction question to be determined in the Chancery Division...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...