Probate: A far from minor inconvenience

The court has provided welcome clarity on applications to court for authority to sell a property abroad on behalf of a minor. Remi Aiyela explains The judge decided that it was plainly in Ilyas’ best interests that the property be sold at a good sale price higher than the current valuation. Re Shanavazi [2021] was …
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Jurisdiction: Pakistan or England?

Alexa Payet provides some useful guidance on cross-border probate disputes In deciding whether Pakistan was the natural and more appropriate forum for the trial, the court applied the factors outlined in Spiliada. In the case of Rehman v Hamid [2019], Mrs Ali was born in pre-partition India in 1942. Upon partition Mrs Ali and her …
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Company law and probate: The burden of office

Richard Monkcom, Sadie Cunningham and Harvey Pare set out the steps companies should take to avoid court proceedings in the event of the death of a sole shareholder or director This decision came as a welcome reminder that the court has Companies Act powers which may assist other executors or personal representatives in similar positions, …
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Musings from Manchester: If it ain’t broke…

Geoffrey Shindler questions recent changes to the probate process, which have created delays for practitioners and their clients Probate is now becoming contentious, not in the sense of clients arguing with each other but rather because of the frustration that practitioners and clients are experiencing as a result of current changes to the probate system. …
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