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Private Client highlights: UK and international updates on probate, Court of Protection, trusts, tax decisions, anti-avoidance and Finance Bill 2026 — 18 December 2025

Published on: 18 December 2025

Published by a LexisNexis Private Client expert

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Private Client Highlights 2025/2026

Probate Court grants administrator liberty to distribute estate, but without determining disclaimer question (Lowe v Daniells)

The Chancery Division considered a CPR 8 application issued by the administrator of Jean Phyllis Norman’s estate for directions on the residue. The defendant, identified as the residuary legatee in the Will, had for seven years failed to engage with the administration despite repeated approaches. The court had to decide whether to rule that, by her conduct, the defendant had renounced the residuary gift, or to fashion an alternative order. Because the putative substitute legatees were not joined, the judge declined to determine the disclaimer issue. Instead, the claimant was given liberty to distribute the estate on the footing that the defendant had disclaimed the bequest, by way of a modified Benjamin order...

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