After Death

This note examines how the rules on income tax apply when the distribution of an estate is altered by a variation. The note should be read together with the following practice notes: After death variations: overview. After death variations: IHT and CGT.

This practice note sets out the types of assets in the estate of a person who has died which can be obtained without the need for the deceased's personal representative to obtain a grant of representation.

This practice note explains and discusses some of the important, practical and topical points which arise in claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act 1975). The aim of this note is to lead to a greater understanding of some of the problems which can arise under the Inheritance Act 1975 and how they can be tackled and resolved. It does not seek to set out the law under the Inheritance Act 1975 in any detail, nor is it a comprehensive treatment of all the issues which could arise under it. We are reviewing this practice note in light of the consultation on a draft Inheritance and Trustees’ Powers Bill, launched by the Ministry of Justice on 21 March 2013, which will give effect to some of the recommendations made by the Law Commission in its 2011 report on the intestacy rules and claims under the Inheritance Act 1975. For further information, see Legal update, Consultation on draft Inheritance and Trustees' Powers Bill launched.     To view Andrew Francis' profile, click here.

This practice note lists the double taxation treaties signed by the UK covering inheritance tax, capital transfer tax and estate duty and contains links to those treaties. 

This practice note explains how to execute wills and codicils.  It covers the standard formalities, who can be a witness, how to deal with defects in execution, duties of professional advisers in relation to execution, and what the formalities are in less common cases and when there is an international element.

A practice note on the termination (revocation or cancellation) of guarantees and the discharge of guarantees. It considers the following questions: When and how can a guarantee be terminated? What happens to a guarantee if the guarantor dies or becomes mentally incapable? What is the effect of terminating a guarantee? How are guarantees discharged? How do these principles apply to indemnities? It also briefly considers circumstances in which a guarantee may be set aside (undue influence, misrepresentation, breach of contract, duty to disclose and loss of security).

This practice note discusses: How agricultural property relief and business property relief is deducted when calculating inheritance tax. The impact of section 39A of the Inheritance Tax Act 1984. How these reliefs can be maximised through careful drafting of the will.

This practice note focuses on agricultural property relief and the farmhouse, including when it applies, the conditions for the relief and problem areas.

This practice note explains what grossing up is and when it is required for inheritance tax purposes. It gives worked examples of various situations common in practice.

A list of current interest rates that are useful for private client practitioners, with links to earlier rates. It includes interest on pecuniary legacies and the statutory legacy, interest on tax paid late and overpaid, Court Funds Office rates, the Bank of England base rate and the official rate of interest (used to calculate the taxable benefit from beneficial loans and pre-owned assets).

Where two or more persons are liable to another, they may be jointly liable, severally liable or jointly and severally liable. This note explains the concepts of joint, several, and joint and several liability.

This practice note provides guidance on completing the oath for administrators with will annexed, supplementing the advice provided in the integrated drafting notes contained in Standard document, Oath for administrator with will annexed, with drafting notes.

This practice note provides guidance on completing an oath for an executor, supplementing the integrated drafting notes in Standard document, Oath for executors, with drafting notes.

A practice note explaining the meaning of parental responsibility for children, who has parental responsibility and how it ends, with examples.

This note outlines the role of the personal representative of a deceased and explains who is entitled to apply for a grant of probate where the deceased left a will appointing an executor as his personal representative.

This note outlines the role of the personal representative and considers the problem of identifying who may act as personal representative when an individual dies, leaving a will but it is unclear who is entitled to act and to apply for a grant. This may be because the will does not appoint an executor or there is no executor willing and able to act as personal representative.

A party (and its legal representatives) must consider the potential impact of its behaviour at the pre-action stage of any dispute. This applies to all areas of litigation. This practice note considers the effect of the rules governing pre-action protocols, the effects of the Practice Direction on Pre-action Conduct (PDPAC) and the consequences of non-compliance. It also provides a number of tips for both claimants and defendants.

This legislation tracker is an archive of items removed from PLC Private Client legislation tracker, including Acts where provisions of interest to private client practitioners have been in force for at least a year, Bills that are not proceeding and Law Commission projects where the government has introduced a Bill in Parliament or published a draft Bill for consultation, or where it appears that the government will take no further action.

An outline of the law of professional negligence. This note considers: The requirements for claims in contract and tort. The application of the SAAMCO principle. The Bolam test. Contributory negligence. Contribution. The use by professionals of exclusion clauses to limit liability.

A note outlining the law of restitution.

This practice note explains the way the law operates when an executor decides he does not wish to have the right to take probate or, where there is no executor or no will, the administrator does not wish to have the right of administration of a deceased's estate. It sets out who can and cannot renounce the right to probate or administration and the consequences of renunciation. It explains the method of renunciation, the time to renounce and how a renunciation may be retracted.

This practice note explains when a stock transfer form is required, and provides details on how to complete the form. For a stock transfer form that can be edited and saved to your desktop, please see Standard document, Stock transfer form.

A note containing tables of CGT rates, main exemptions and reliefs, deadlines for returns and payments, and time limits for assessments and claims, with links to interest rates on CGT paid late and overpaid CGT, and to more detailed information about CGT.

A note containing tables of inheritance tax (IHT) rates, main exemptions and reliefs, deadlines for returns and payments, and time limits for assessments and claims, with links to interest rates on IHT paid late and overpaid, and to more detailed information about IHT. It includes some information about capital transfer tax (CTT) and estate duty.

A brief overview of when to provide an indemnity covenant in a transfer of freehold or leasehold property.

This Practice note explains: How to make initial enquiries into a deceased's liabilities. Where to find details about known liabilities. How to find out if there are any other debts. It also sets out the questions to ask about liabilities when making the initial written enquiries.

Survivorship clauses are often used in wills, but they are not always appropriate and can sometimes cause inheritance tax disadvantages. This note considers why survivorship clauses are used, the tax implications of doing so and how they interact with the statutory provisions of the commorientes rule.