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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.
The fourth edition of A Practitioner's Guide to Probate and the Administration of Estates is a practical and comprehensive guide to all forms of non-contentious probate applications, completion of Inheritance Tax Accounts and the administration of estates. The book is packed with hints and tips and an accompanying CD-ROM contains a comprehensive set of precedent forms, enabling practitioners to adapt precedents for their own use. The authors provide careful explanations of every step in the procedure for winding up the estate of a deceased person, from taking initial instructions to the final distribution of the estate and closing the file. The book opens with advice on meeting the client and taking proper instructions; moving on to tracking down the assets and liabilities which comprise the estate; completing inheritance tax forms and obtaining any available reliefs and allowances; questions concerning wills and intestacies; applying to the probate registries; discretionary orders; obtaining grants of representation; collecting in the paying debts and liabilities; identifying the beneficiaries and paying the legacies; finalising the tax situation; and distributing the residue of the estate. This new edition has been completely revised with practice and procedure brought up-to-date,
A comprehensive and practical guide to non-contentious probate and the administration of estates. It provides careful explanations of every step in the procedure for winding up the estate of a deceased person, from taking initial instructions to the final distribution of the estate and closing the file. Written by practitioners for practitioners, it is packed with hints and tips, covering procedural complexities, tricky tax points, avoiding delay, and very much more.The book opens with advice on taking instructions, moving on to tracking down the assets and liabilities which comprise the estate; completing the inheritance tax forms and claiming any appropriate reliefs and allowances; questions concerning Wills and codicils; intestacy - who is entitled to the estate and who is entitled to letters of administration; applying for the grant of representation; collecting in the estate, identifying the beneficiaries and paying the legacies; ensuring all debts and liabilities are met, including finalising the tax situation; and distributing the residue in the estate. Many interim matters are discussed. A full range of specimen forms is provided.This second edition has been updated to take account of changes brought about by the Mental Capacity Act 2005 and the Civil Partnership Act 2004, as well as a number of Finance Acts. The procedural changes occasioned by the Inheritance Tax (Delivery of Accounts) Regulations 2004 and amendments to those regulations are also dealt with.
Written in easy-to-read language with dozens of real-life examples, this book provides important information about mediation, arbitration, small claims court, and civil court procedures, and includes a chapter on working with a lawyer.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Trusts and estates practice is being increasingly recognised as an occupation within the legal, accounting, tax and financial services professions. Estate planning remains the strategic advisory component within this practice. An essential resource for practitioners and students involved in trusts and estates practice, this easy-to-use, practical and comprehensive guide will enable you to understand and deliver effective estate planning services using the principles, precedents, practice points, case notes and discussion questions contained in this book. Included in this edition are the legislative changes enacted since the first edition, such as changes to wills and estate law arising from the commencement of the Succession Act 2006 (NSW) on 1 March 2008 as well as changes to income tax and superannuation laws since 2005.
This book includes step-by-step procedures showcasing the various facets of probate real estate sales, as well as diagrams that visualize these processes. It includes many suggestions and strategies to share with your real estate agent to maximize the return of each sale and mitigate your liability. The book reflects the author's experiences in probate, residential and commercial real estate sales, brokerage management, and business process management.Chapter 1: Defining ProbateChapter 2: Selecting Your Real Estate Agent Amidst a Probate PetitionChapter 3: Setting Expectations with Your Probate AgentChapter 4: Pre-Marketing Strategies for Probate PropertiesChapter 5: Cash for Keys Process and AgreementChapter 6: The Eviction ProcessChapter 7: Getting the Probate Property Ready for MarketChapter 8: Valuing the Probate PropertyChapter 9: Real Estate Disclosures in a Probate TransactionChapter 10: Marketing the Probate PropertyChapter 11: Probate Specific Terms in Purchase AgreementsChapter 12: Offer Management in a Probate TransactionChapter 13: Closing and Settlement in a Probate TransactionChapter 14: Simplified Probate ProceduresChapter 15: Title Vesting: Impact on Probate and Step-Up in BasisChapter 16: Insurance and Tax Implications of a Probate SaleChapter 17: An In-Depth Look at the Probate Process
A Practitioner's Guide to Trusts is a step-by-step guide to all the practical aspects of trust law. Written by an expert and highly respected author, this handbook provides practical information that is as useful to accountants and trust practitioners as it is to lawyers.Written by an expert and highly respected author, this handbook provides practical information that is as useful to accountants and trust practitioners as it is to lawyers. It has been fully updated and revised to take into account the latest Finance Act.KEY FEATURES:Includes changes to IHT treatment of trusts subject to the relevant property regime (simplification of the calculation of IHT charges on trusts at ten-yearly intervals or when assets are transferred out of the trust);Expanded analysis on income tax and CGT treatment of trusts;The book has been designed to make key information easy to find and assimilate and includes signposts to provide useful summaries and focus points to highlight important issues;Case law includes the IHT Pawson holiday let case (28 Jan 2013).Includes coverage of the following areas:Breach of trust;Capital Gains Trust and second residences;Income tax and settlor interested trusts;Ownership of house (Jones v Kernott);Ownership of monies in joint bank account;Proprietary estoppel;Removal of trustees;Severance of joint tenancy.Previous edition ISBN: 9781847667687
Written by leading lawyers in the field, this popular guide to the tax-efficient drafting of wills, estate planning and administration provides practitioners with help and guidance on everyday estate planning and will drafting and discusses the typical problems and pitfalls that may be encountered in practice. The precedents have been carefully selected to deal in a straightforward fashion with common needs of clients. The book begins by looking at the essential legal framework of wills, trusts and taxation through a combination of detailed and authoritative commentary, worked examples and expertly drafted precedents. It then examines specific topics including: transferable nil rate band, using IPDIs, provision for children, pilot trusts, gifts, APR and BPR, obtaining the grant, instruments of variation and disclaimer, constituting and administering the will, and tax efficient administration. This edition has been extensively revised and includes four new chapters: Notes for the Will Draftsman Gifts to Charity and the Reduced IHT Rate Obtaining the Grant Constituting and Administering the Will The authors' narrative commentary is supplemented by 40 precedents which are included on an accompanying CD-ROM, allowing users to download and adapt each document as necessary.