Archive for February 2022
A Note on Consanguinity Relief
Just a short note on consanguinity relief. This is the stamp duty relief for farmers where the stamp duty rate is 1% from the usual commercial rate of 7.5%. While the classic situation of consanguinity relief is in cases where a father is passing a farm to a son, it should be noted that it…
Read MoreRenunciation and Nomination of Administration
From time to time an executor of a will or a person entitled in intestacy may wish to renounce. That is perfectly fine. They may be elderly and not wish to take on the role. There may be other valid reasons. In probate cases, if the executor renounces and there is no other executor, then…
Read MoreChildren born outside marriage and intestacy
In intestacy cases there are certain key rules that we all keep in mind. For example, we know that the share of a pre-deceased child is preserved for any living issue. Likewise in respect of children of a pre-deceased brother or sister (ie the per stirpes rule). But what of situations of children born outside…
Read MoreAdministrations and Discretionary Trusts
Just a quick note on dealing with discretionary trusts as part of estates. You may have come across estates where a person leaves assets on discretionary trust. Say, for example, a grandmother leaves assets on discretionary trust for her three grandchildren. How do you deal with this in the context of the Statement of Affairs?…
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