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Wills, probate and administration

Probate fees – increase

The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved. 
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Procedure – limitation

A claimant unsuccessfully applied for financial provision under the I(PFD)A 1975 as she had applied out of time – by 17 months. 
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Court of Protection – spouses

The LA failed in its application under the Mental Health Act 2005 for orders restricting H’s contact with his 83-year-old wife (P). 
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Disputed will – guidance; procedure

What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died? 
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Wills – proprietary estoppel

The Court of Appeal has refused a claim for proprietary estoppel involving yet another farming estate that belonged to the applicant’s late parents, on the basis that it had no realistic prospect of success.
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Trusts – final distribution

In a recent case originating under Scots law, the second respondent was a debtor who entered into a trust deed for the benefit of his creditors with A assumed as trustee. 
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Procedure – sworn oaths

Personal representatives no longer need to formally swear an oath to obtain a grant of representation.
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Practice – making gifts of assets; guidance

Private client practitioners will welcome Law Society guidance on Making gifts of assets.

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Trusts – file retention

The Law Society has produced practice guidance on proper record retention in the context of trusts, in light of the reality that disputes about trusts often arise years after they are drawn up.

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Wills – dependency claim (3)

A dependency claim made by the deceased’s partner of 20 years was limited to a life interest in half the net proceeds of sale of the £750,000 property.

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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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