Wills and the Administration of Estates

Revocation of Wills (Wills and Intestacy)

• smart_displayMethods of revocation (by later Will or codicil & by destruction)
• smart_displayRevocation by marriage, civil partnership and divorce

The interpretation of Wills (Wills and Intestacy)

• smart_displayEstablishing the testator's intention
• smart_displayRectification
• smart_displayEffect of different types of gift
• smart_displayUncertainty, beneficiary witness, divorce (Failure of gifts)
• smart_displayAdemption and abatement (Failure of gifts)
• smart_displayLapse, disclaimer, forfeiture (Failure of gifts)

The intestacy rules (Wills and Intestacy)

• smart_displaySection 46 of The Administration of Estates Act 1925 (Part 1 & 2)
• smart_displayThe statutory trusts

Property passing outside the estate (Wills and Intestacy)

• smart_displayJoint property
• smart_displayLife policies
• smart_displayPension scheme benefits
• smart_displayTrust property

Grants of representation (Probate and Administration Practice)

• smart_displayNeed for grant
• smart_displayNeed for Grant (Different types of Grant)
• smart_displayThe relevant provisions of the Non-Contentious Probate Rules: (Introduction & Rule 20)
• smart_displayNon-Contentious Probate Rules (Rule 22)
• smart_displayContentious Probate (Caveat)
• smart_displayContentious Probate (Citation)
• smart_displayApplication procedure
• smart_displayAffidavit evidence required for grant
• smart_displayForms PA1P and PA1A
• smart_displayValuation of assets and liabilities
• smart_displayExcepted estates (Intro and 'small' estates)
• smart_displayExcepted estates ('Exempt' estates)
• smart_displayDate for payment of IHT
• smart_displayMethods of funding the initial payment of Inheritance Tax
• smart_displayBurden and incidence of Inheritance Tax

Administration of estates (Probate and Administration Practice)

• smart_displayDuties of personal representatives
• smart_displayLiabilities of personal representatives and their protection (Unknown beneficiaries)
• smart_displayLiabilities of personal representatives and their protection (Known beneficiaries)
• smart_displayThe sale of assets to raise funds to pay funeral expenses, tax, debts and liabilities (Part 1 & 2)
• smart_displayAdministration of estates (solvent estates - secured debts)
• smart_displayAdministration of estates (solvent estates - unsecured debts)
• smart_displayAdministration of estates (Insolvent estates)
• smart_displayDistribution of the estate (Specific legacies)
• smart_displayDistribution of the estate (pecuniary legacies)
• smart_displayTiming for distribution of legacies

Claims against estates under the Inheritance (Probate and Administration Practice)

• smart_displayTime limit
• smart_displayApplicants to claim under Inheritance (Part 1 & 2)
• smart_displayGround for a claim (Part 1 & 2)

Lifetime transfers (Taxation – Wills and the administration of estates)

• smart_displayIntroductory lesson
• smart_displayGeneral exemptions from inheritance tax
• smart_displayBusiness and Property reliefs
• smart_displayAgricultural relief
• smart_displayLifetime only exemptions
• smart_displayLifetime transfers that are immediately chargeable and those that are potentially exempt
• smart_displayEffect of death on LCTs
• smart_displayPotentially exempt transfers
• smart_displayEffect of death on PETs

Inheritance Tax on transfers on death (Taxation – Wills and the administration of estates)

• smart_displayIdentify the transfer of value
• smart_displayCalculate the value of transfer
• smart_displayCalculating tax - residential nil rate band
• smart_displayCalculating tax - nil rate band
• smart_displayThe scope of anti-avoidance provisions (Inheritance Tax)

Income and Capital Gains Tax in respect of the period of the administration of an estate

• smart_displayThe personal representatives’ liability to Income Tax and Capital Gains Tax
• smart_displayLiability of Personal Representatives to Income Tax
• smart_displayLiability of Personal Representatives to Capital Gains Tax
• smart_displayThe beneficiaries' liability to Capital Gains Tax on inherited assets