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Wills, probate and administration

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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Wills – dependency claim (2)

M brought a claim under s2 I(PFD)A on behalf of her children (aged just three years and six months) for £848,000 against the £4.5m estate of their father (F). He had died suddenly aged 58.

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Wills – dependency claim (1)

In this case, the claimant made three claims against the estate of her late husband (T).

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Court of Protection – gifts to mitigate tax

J’s son (P) successfully applied for authority to make gifts amounting to £7m out of J’s estate. The aim was to reduce IHT should J survive for at least three years after the gifts were made.

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Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
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?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

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