Legal Principles for Distributing Property According to a Will

Law
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TABLE OF CONTENTS
Part I: Letter.....................................................................................................................................3
PART II: LEGAL NOTE SETTING OUT THE LEGAL PRINCIPLES:......................................6
Rules relating to gifts...................................................................................................................6
Solicitor Regulation Act practice rules relating to Dealing with the client's matter...................6
SRA practice rules relating to Indicative behaviours..................................................................7
The legal provision relating to ascertainment of the value of a deceased person’s estate...........7
Rules concerning Tax on Estate..................................................................................................8
Legal rules relating to presumption.............................................................................................9
Provisions relating to the testator..............................................................................................10
Equality and diversity................................................................................................................10
Section 19 of Wills Act 1837.....................................................................................................11
Rules relating to probate or confirmation..................................................................................11
Bibliography..................................................................................................................................12
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PART I: LETTER
Dear Jasmine Jones,
Hello
I have gone through the letter provided by you, in order to provide you advise relating to the
validity of those clauses through which you will be able to make a decision that whether you are
able to distribute the property in accordance with Hubert’s wish or not. I think, first of all, it is
necessary for you to understand the responsibility of an executor and trustee. Provisions are
made by the law regarding the money and property of the deceased person and the persons who
handle the money of the dead person is known as executor or administrator. It’s the
responsibility of the executor to pay the taxes and debts of the deceased person and moreover
provide the money and property to the person entitled to it. In case, if a dead person already left
valid will then the person who manages its estate is known as the deceased person's
'executor.
In case, if a dead person left an untrue or invalid will than the person who manages such kind of
will is known as the administrator. Court hires an administrator before they make transactions
with the property of the deceased person.
Furthermore, in case the high amount of money and property of their estate is left by the dead
person then it’s a liability of the executor or of the administrator to apply for the grant of
representation to increase access to the money or property — an approval application required to
be made to the Probate Registry for same. However, if the valid will is left behind by the
deceased person than probate of the will is granted by Probate Registry. And in contrast, if the
invalid or untrue will is left by the dead person than grant of letters of administration is issued by
Probate Registry. Real estate generally, houses, antiques, shares, works of art, jewellery,
intangible property like copyrights and patents are included in the property.
If in case the property of the deceased person is held by the other persons than it is the major
responsibility of the deceased administrator and executor that they should make inquiries
regarding the current owner and how it was possessed by them. In the situation, the property is a
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house than it is essential to have written documentary evidence of the type of ownership. Further,
in case the property and the assets of a deceased person is sold at a profi tthan the Capital Gains
Tax will be paid and the profit above the market value at the date of death go above the current
Capital Gains Tax threshold.
In present case £ 50000 will be provided to Sarah as per Hubert’s wish; however, he can make
trust of the specified amount on the name of grandchildren and held Sarah as trustee so that the
money could be utilized for the children. Further,£ 100000 will be given to John Smith, Hubert’s
friend along with one of the available London flats. In order to provide the flat, it is required to
be assessed that the choice is to be applied on the flats which are not allocated to other persons.
Greenacre; Hulbert’s country house is to be provided to his favourite niece. The justification
behind the same can be given that as all the elements of legal contract do not exist between the
conversation of Damian and Hulbert. Further, as the house should be allocated to the niece in the
manner stated in the will. The decision relating to niece will be taken after having a discussion
with the family members and providing each member with a fair chance to prove their claim
relating to a statement made by them.
Further, £ 150000 will be distributed to the law students who lived in London, in the manner you
wanted as same has been specified in the will. Lastly, the half of the best wines should be
provided to next door neighbour Irene Lungs. In order to determine the amount of inheritance
tax, the price of wines will be estimated. If the price is of the total property and other assets of
Hubert is more than £325000, the inheritance tax will be paid, otherwise not.
Other considerations which are necessary to be accessed before a Will is allowed to probate are
as follows: the court has got to be satisfied that the testator is acquainted with and accepted of its
contents at the time they signed it. A testator may perhapsadd in their Will a document that has
not been accordinglyimplemented by them and therefore makes that document part of their Will
even if it is unattested. The document to be included is:
 Existence time when the will is created
 Referred to as being in continuation
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