Probate and Administration in UK Law

Leading Cases
  • Re Erskine 1948 Trust
    • Chancery Division
    • 29 Mar 2012

    It seems to me clear that, if the present application had been before the court before 2 October 1998, the court would have been obliged to have regard only to national law when construing provisions in the settlement. But now that the Convention has become part of English law paragraph 62 suggests that other considerations are relevant and might even prevail at the stage when the disposition is being construed.

  • Jemma Trust Company Ltd v Liptrott and Others
    • Court of Appeal (Civil Division)
    • 24 Oct 2003

    We have already made clear our view that the Judge has assessed too low an hourly rate, if he was right to conclude that a valuation element should not appear separately in the bills. If the value element is addressed separately, the Law Society guidance contemplates an uplift factor of 25 – 33% over the expense rate. By adopting KBL's skeleton argument, the Judge gave KBL that rate but no more, at any rate for the years 1994 – 1996.

  • Sheikh v Law Society
    • Court of Appeal (Civil Division)
    • 23 Nov 2006

    In addressing that question – described by Mr Justice Neuberger as the "second question" – the court must, indeed, weigh the risks of re-instating the solicitor in his (or her) practice against the potentially catastrophic consequences to the solicitor (and the inconvenience, and perhaps real harm, to his or her existing clients) if the intervention continues.

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Legislation
  • Court of Probate Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ... Anno Regni VICTORI, Britanniarum Regina,Vicesimo & Vicesimo Primo. An Act to amend the Law relating to Probates and Letters of Administration in England . . (20 & 21 Vict.) C A P. LXXVII. . [25th August 1857] . . 'WHEREAS it is expedient that all Jurisdiction in relation to the Grant ......
  • Administration of Estates (Probate) Act 1800
    • UK Non-devolved
    • 1 de Enero de 1800
  • Pacific (Probate and Administration) Order 1977
    • UK Non-devolved
    • 1 de Enero de 1977
  • Administration of Estates Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ......enactments and rules of law, and all jurisdiction of any. court with respect to the appointment of administrators. or to probate or letters of administration, or to dealings. before probate in the case of chattels real, and with. respect to costs and other matters in the ......
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Books & Journal Articles
  • REVIEWS
    • Núm. 23-4, Julio 1960
    • The Modern Law Review
    Book reviewed in this article: Judicial Review of Administrative Action. By S. A. De Smith, M.A., PH.D. Wills, Probate and Administration. A Manual of the Law. By B. S. Ker, M.A. (Cantab.) The Law ...
    ...... 0. HOOD PHILLIPS. WILLS, PROBATE AND ADMINISTRATION. A Manual of the Law. By B. S. KER, M.A. ......
  • REVIEWS
    • Núm. 16-2, Abril 1953
    • The Modern Law Review
    Book reviewed in this article: PRINCIPLES OF ADMINISTRATIVE LAW. By J. A. G. GRIFFITH, LL.M. MODERN EQUITY. By H. G. HANBURY AN INTRODUCTION TO EQUITY. By G. W. KEETON. CARVER ON THE CARRIAGE OF GO...
    ...... Jennings that it is “the law relating to the Administration. It determines the organisation, powers and duties of ......
  • REVIEWS
    • Núm. 13-4, Octubre 1950
    • The Modern Law Review
    Book reviewed in this article: Readings in American Legal History. By Professor Mark De Wolfe Howe. Government By Decree. By Marguerite A. Sieghart, ll.b., dr.jur. With a foreword by C. K. Allen. L...
    ...... The second chapter is entitled ‘The Administration in 1946 of some Tribunals appointed by tlie Minister of ... GZOROK A. GROVE. MODERN ADMINISTRATION AND PROBATE PRACTI~E AND LAW. By A. V. RISDON and PERCIVAL HANCOCK. Second ......
  • REVIEWS
    • Núm. 27-6, Noviembre 1964
    • The Modern Law Review
    Book reviewed in this article: Law in Japan: The Legal Order in a Changing Society. Edited by Arthur Taylor von Mehren. A Lawyer when Needed. By Elliott Evans Cheatham. The Consumer, Society and th...
    ...... (with index). 24 4s. net.] PHILLIPS’ PROBATE AND ESTATE DUTY PRACTICE. Sixth edition. By D. R. LE B. ... Property Act, 1925, the Companies Act, 1948, the Administration of Justice Act of 1956, the Rules of the Supreme Court and ......
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Law Firm Commentaries
  • Legal Ombudsman: Complaints About Probate And Estate Administration
    • Mondaq United Kingdom
  • Resealing Foreign Grants: A Step-by-Step Primer
    • JD Supra United Kingdom
    The process of resealing a grant of probate or letters of administration in the English courts is often required where a deceased individual held assets in England or Wales but was living in a diff...
    ...... Reseal or Application for a Foreign Grant? . The Colonial Probates Acts of 1892 and 1927 list the countries to which the option of resealing ... . . The person entrusted with the administration of the estate by the court with jurisdiction at the place where the ......
  • Helping Your Child Buy A Property: Why Trusts Can Still Be Useful
    • Mondaq United Kingdom
    ...... its first recognised quality standard for wills and estate administration in October 2013 with the intention of providing a quality standard for ls, probate and estate administration practices. The Wills and Inheritance Quality ......
  • Law Society Launches The Wills And Inheritance Quality Scheme
    • Mondaq United Kingdom
    ...... its first recognised quality standard for wills and estate administration in October 2013 with the intention of providing a quality standard for ls, probate and estate administration practices. The Wills and Inheritance Quality ......
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