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Wills, probate and administration

Powers of attorney – refunds of fees

Those who registered an LPA or EPA with the Office of the Public Guardian between April 2013 and 31 March 2017 can reclaim a portion of the fees paid, under new rules.

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IHT – personal representatives’ liability

PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed.

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Trusts – variation of trusts; capacity

The High Court (Chancery Division) has given important clarification as to the court’s jurisdiction in relation to applications under the Variation of Trusts Act 1958 where there is an issue of where a child will lack capacity on reaching 18.

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Dependency claims – cohabitees

A testator’s motive for not providing for a dependant under their will is not a sufficient reason for leaving the dependant without any provision. 
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Practice – distribution of assets; bankrupts

Caution must be exercised when distributing estate assets to insolvency beneficiaries because they may not be able to obtain a good receipt.
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Proprietary estoppel – significant detriment

The High Court has given useful guidance on how it will approach proprietary estoppel claims. 
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Probate – relief against forfeiture

A recent case in which an elderly man killed his wife and then himself illustrates the effect of the forfeiture rule, and the court’s power under the Forfeiture Act 1982 in some cases to modify the effect of the rule.

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Wills – testamentary capacity; proprietary estoppel

Testamentary capacity and proprietary estoppel have been considered in a High Court case, where the court confirmed that the Banks v Goodfellow test for testamentary capacity remains good law. In this case, a claim for proprietary estoppel was not made out.

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Court of Protection – trust deputies

How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the appointment of deputies.

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Wills – out of date

The author highlights the dangers of wills that are not kept under review, and are out of date at the date of the testator’s death.

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Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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