Probate Practitioner's Handbook

Lesley King

Description

The Probate Practitioner's Handbook is a well-established and popular guide to good practice for solicitors' firms that undertake probate and estate administration work.This new ninth edition has been comprehensively updated by leading experts to take account of: money-laundering issues including the requirements of the 5th EU Anti-Money Laundering Directives and the updated LSAG guidance the SRA Accounts Rules 2019 changes resulting from the new SRA Standards and Regulations new SRA guidance relevant to practitioners updates to relevant practice notes including disputed wills and handling complaints Inheritance and Capital Gains Tax developments implications of the UK leaving the European Union the introduction of the SRA Transparency Rules implications for practitioners arising from the Covid pandemic. the different ways in which foreign elements may affect the English probate practitioner. An essential new chapter explains how data protection law applies in the context of the administration of estates. Features such as checklists, precedents, case commentaries and examples enhance the book's usefulness.

Sujets

• Droit et juridique
• Succession
• Law

Informations

• Publié par: Law Society
• Date de parution: 22 février 2021
• Nombre de lectures: 0
• EAN13: 9781784461874
• Langue: English

Extrait

Probate Practitioner’s Handbook
NINTH EDITION


Other titles available from Law Society Publishing:
Varying the Disposition of an Estate after Death Lesley King
Inheritance Tax Planning Handbook General Editors: John Bunker and Anthony Nixon
Contentious Probate Handbook Carl Islam
Contentious Trusts Handbook Carl Islam
Elderly Client Handbook (6th edn) General Editor: Caroline Bielanska
Inheritance Act Claims (2nd edn) Miranda Allardice, Tracey Angus, Paul Hewitt and Penelope Reed
Lasting Powers of Attorney (4th edn) Craig Ward
Will Draftsman’s Handbook (10th edn) Julie Bell
Wills and Inheritance Protocol The Law Society
Wills and Inheritance Quality Scheme Toolkit The Law Society
Titles from Law Society Publishing can be ordered from all good bookshops or direct (telephone [phone], or visit our online shop at www.lawsociety.org.uk/bookshop ).


PROBATE PRACTITIONER’S HANDBOOK
Ninth edition
General Editor: Lesley King
All rights reserved. No part of this publication may be reproduced in any material form, whether by photocopying, scanning, downloading onto computer or otherwise without the written permission of the Law Society except in accordance with the provisions of the Copyright, Designs and Patents Act 1988. Applications should be addressed in the first instance, in writing, to Law Society Publishing. Any unauthorised or restricted act in relation to this publication may result in civil proceedings and/or criminal prosecution.
The authors have asserted the right under the Copyright, Designs and Patents Act 1988 to be identified as authors of this work.
Whilst all reasonable care has been taken in the preparation of this publication, neither the publisher nor the authors can accept any responsibility for any loss occasioned to any person acting or refraining from action as a result of relying upon its contents.
The views expressed in this publication should be taken as those of the authors only unless it is specifically indicated that the Law Society has given its endorsement.
© The Law Society 2021
Crown copyright material is reproduced with the permission of the Controller of Her Majesty’s Stationery Office Material in Appendix B © 2014 Simon Taube QC
ISBN-13: 978-1-78446-166-9 (paperback) ISBN-13: 978-1-78446-187-4 (EPUB)
First published in 1991 2nd edition 1995 3rd edition 1999 4th edition 2003 5th edition 2006 6th edition 2010 7th edition 2015 8th edition 2018
This ninth edition published in 2021 by the Law Society 113 Chancery Lane, London WC2A 1PL
Typeset by Columns Design XML Ltd, Reading
Contents
Cover
Title
Copyright
Preface
Notes on contributors
Table of cases
Table of statutes
Table of statutory instruments
Table of international instruments
Abbreviations
PART I PROBATE AND THE PROFESSIONAL RULES
1 Wills and Inheritance Protocol
Lesley King
1.1 Creation of the Protocol
1.2 Structure of the Protocol
1.3 General obligations
1.4 Will drafting obligations
1.5 General estate administration obligations
1.6 Continuing settlements
1.7 Post-death variations
1.8 Inheritance Act claims
2 Taking instructions
Ian Bond
2.1 Regulation and good practice on taking instructions
2.2 Authority to instruct and validity of the will
2.3 Who is the client?
2.4 Vulnerable clients
2.5 Clients and beneficiaries who may lack mental capacity
2.6 Equality Act 2010
2.7 Conflicts and disputes
2.8 Solicitor executors/trustees
2.9 Cancellation of contracts/consumer contracts
3 Client care
Ian Bond
3.1 Regulatory framework
3.2 Practice management
3.3 Protocol, practice notes and client literature
3.4 Retainer for estate administration
3.5 Client care letters
3.6 Communication with beneficiaries
3.7 Client care during the matter
3.8 Client care at the end of a matter
4 Non-contentious costs
Ian Bond
4.1 Legal framework for costs
4.2 Costs in the SRA Standards and Regulations
4.3 Costs in the WIQS Core Practice Management Standards
4.4 Costs in the Law Society Wills and Inheritance Protocol
4.5 Basis of charging
4.6 Guidance on solicitors’ charges
4.7 Future revision of pay rates
4.8 Lien for unpaid costs
4.9 Costs for heir locators
4.10 Personal representatives separately represented
4.11 Non-contentious business agreements
4.12 Explaining costs
4.13 Estimates
4.14 Charging clauses
4.15 Consequences of failing to advise about costs correctly
4.16 Billing
4.17 Recovering costs on solicitor’s termination of retainer
4.18 Further advice on costs
5 Complaints
Ian Bond
5.1 Identifying complaints
5.2 Regulatory requirements about complaints
5.3 Good practice in complaints handling
5.4 Complaints dealt with by the Legal Ombudsman
5.5 Complaints handling
5.6 Coronavirus pandemic 2020
6 Financial services and money laundering
Rebecca Atkinson
6.1 Financial Services and Markets Act 2000
6.2 Anti-money laundering
7 Data protection law in the context of the administration of estates
Edward Hayes
7.1 Introduction
7.2 The legislative background and upcoming changes
7.3 The basics – how does the GDPR operate?
7.4 When are personal representatives subject to the GDPR?
7.5 The key steps to be taken by personal representatives
7.6 Identifying the personal data that is likely to be processed and determining appropriate lawful bases for such processing
7.7 Ensuring that personal data is processed transparently
7.8 Other practical points
8 SRA Accounts Rules 2019
Lesley King
8.1 Introduction
8.2 Application of the Accounts Rules
8.3 Client and business money (rule 2)
8.4 Use of client account
8.5 Record-keeping requirements
8.6 Payment of interest (rule 7)
8.7 Accountants’ reports (rule 12)
8.8 Role of compliance officer for finance and administration
8.9 Third party managed accounts
8.10 Probate work and the Accounts Rules
PART II PROBATE, WILLS AND THE LAW
9 The law on wills and succession: a review
Lesley King
9.1 Introduction
9.2 Is the will valid?
9.3 Has a document been incorporated?
9.4 Are two wills mutual?
9.5 Types of legacy
9.6 Is interest payable?
9.7 Provision on intestacy
9.8 Joint property
9.9 Relevant statutes
9.10 Appointment and removal of trustees and personal representatives
9.11 Powers and duties of executors and trustees
9.12 Lifetime gifts and undue influence
9.13 Artist’s Resale Right Regulations 2006
9.14 Statutory order for payment of debts
10 Revocation and revival of wills
Alexander Learmonth
10.1 Introduction
10.2 Revocation by deed or subsequent will
10.3 Revocation by destruction
10.4 Revocation by obliteration or alteration
10.5 Revocation by marriage or civil partnership
10.6 Partial revocation by divorce, dissolution or annulment
10.7 Conditional revocation
10.8 Revival of wills
10.9 Further reading
11 Interpretation and rectification of wills
Alexander Learmonth
11.1 Introduction
11.2 Collecting and considering the evidence
11.3 Evidence admissible as an aid to construction
11.4 General approach to construction of wills
11.5 Particular principles of construction
11.6 Rectification of wills
11.7 Further reading
12 Time for probate
Claire Cutts
12.1 Importance of time limits
12.2 Cancellation of contracts
12.3 Communication
12.4 Obtaining the grant
12.5 Rectification of the will
12.6 Family provision claims
12.7 Interest and legacies
12.8 Advertising for creditors
12.9 Intestacy
12.10 Inheritance tax
12.11 Capital gains tax
12.12 Income tax
12.13 Changes to time limits for assessments and claims
12.14 Other time limits for practices with WIQS accreditation
13 Appointing guardians of children
David Hodson
13.1 Introduction
13.2 Who may appoint a guardian?
13.3 Appointment of a guardian
14 Probate and benefits
Meg Andrews
14.1 Introduction
14.2 Funeral costs
14.3 Bereavement
14.4 Universal credit
14.5 Incapacitated dependants
14.6 Other sources of help
15 Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Natasha Stourton
15.1 The court’s approach to claims
15.2 Advising the testator
15.3 Advising the personal representatives
16 Contentious probate
Henry Frydenson
16.1 Introduction
16.2 Identification of issues
16.3 Methods of attack
16.4 Practitioner’s tools
16.5 Types of probate action
16.6 CPR Part 57
PART III PRACTICAL PROBATE
17 Inheritance tax
Lesley King
17.1 HMRC guidance
17.2 Basic principles of inheritance tax
17.3 Inheritance tax rates
17.4 Transferable nil rate band
17.5 The residence nil rate band
17.6 Reduced rate of inheritance tax
17.7 Accounting for inheritance tax
17.8 Where an estate is not excepted
17.9 Calculation of tax and interest
17.10 Establishing the value of the estate
17.11 The rules on penalties
17.12 Death of a beneficiary with a qualifying interest in possession: approved standard letter
17.13 Paying inheritance tax
17.14 Funding inheritance tax
18 Varying the disposition of an estate
Lesley King
18.1 The statutory provisions
18.2 Disclaimers and post-death variations
18.3 Property ceasing to be part of a relevant property settlement
18.4 Combining the statutory provisions
19 Probate problems
Lesley King
19.1 Missing wills
19.2 Missing beneficiaries
19.3 Deceased with no known relatives
19.4 Unclaimed client account money
19.5 Personal representatives and personal liability
19.6 Personal representatives’ liability for tax
19.7 Banking protocols
19.8 Extracting a grant for those not authorised to do so
19.9 Insolvent estates
19.10 Deceased Lloyd’s Names
19.11 Bankrupt beneficiaries
19.12 Unsuitable personal representatives
19.13 Presumption of death
19.14 Funerals
19.15 Proposals to increase probate fees
19.16 Problems from clients
19.17 International requirements to report information on tru