Probate
Probate
Post-Death Variations and the SA.2
A question sometimes arises: if there has been a post-death variation, does that impact what goes into the SA.2? Some reflections on this question. Analysis…
Probate
Section 55 of the Succession Act – Part 2 – Observations
Last week we looked at section 55 of the Succession Act and some of its core elements. We also set out some of the limitations…
Probate, Will Drafting
Appropriation of Assets by the Executor and Section 55 of the Succession Act 1965 – Part 1
As sections go in the Succession Act 1965 s. 55 is rather lengthy and on first blush appears to be of great significance. The reality…
Probate
Names of the Deceased
It is often the case that the name on a death certificate will differ from the name on a will. Spotting this difference is a…
Probate
Abatement Rules for Solvent Estates
One often comes across situations where where the residue is not sufficient to pay all of the estate expenses but the remaining assets are sufficient…
Probate
Maps attached to Wills and the Surviving Spouse
Practitioners may be aware that where there is a map attached to a will, there is a particular procedure to deal with that. For more…
Probate
Debts due to the deceased as assets of an estate
Sometimes it is not appreciated that monies due to a deceased before they die continue to remain assets after death. We come across this from…
Probate
Assent by Personal Representative of Unregistered Title
We have looked at various property elements of probate practice over the past number of weeks and today is no different. It relates to assents…
Probate
The Conveyance by a Personal Representative of Unregistered Title
Much is made of the vaulted power of sale of a per rep and this is contained in section 50 of the Succession Act, 1965….
Probate
Registration of Personal Representatives in the Land Registry – Part 1 – Trusts for Minors
Last week we looked at the issue of dealing with life interests. In that note, we reminded practitioners of the “new” provisions of the Land…