The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Wills, probate and administration

Wills – dependency claim

The Court of Appeal’s order in the high-profile case of Ilott gave little weight to the testator’s very clear wishes and the long period of estrangement between her and her daughter, the claimant in the case.

Subscribers only...
 

Wills – disclosure to attorneys and deputies

Law Society guidance on Access and disclosure of an incapacitated person’s will has been published in the form of a practice note and is relevant to all solicitors who store wills.

Subscribers only...
 

Wills – dependency claim

A widow successfully appealed an award under the I(PFD)A which was made in favour of the testator’ long-term partner (P). The High Court ordered that a life interest in the testator’s half share of property was to vest in the widow (W).

Subscribers only...
 

Contentious probate – update

In this article, the author summarises the latest and most notable of contentious probate and trust cases. In addition to the Ilott v Mitson case, the author highlights a case where the High Court affirms the use of single-stage test for determining knowledge and approval of a will, but cross-checks the conclusions reached with reference to the two-stage test (in either case, the answer should be the same).

Subscribers only...
 

Wills – professional executors

The Law Society has issued useful guidance on the appointment of professional executors. The practice note, Appointment of a professional executor, is aimed at solicitors and law firms who provide wills and probate services, and for solicitors and firms retained by, or who have an economic relationship with, a third party selling its own executor services.

Subscribers only...
 

Trusts-probate

A claim by the trustees of a religious charity for permanent injunctions against a former trustee was successful. The former trustee (the defendant, D) had been accused of misappropriating charity funds and passing off his activities as those of the charity.

Subscribers only...
 

Wills – capacity

The High Court has rejected a claim of fraudulent calumny in a probate claim. The deceased had capacity when he signed his will, and knew and approved its contents, the court held in a case where it was also alleged that there was a contract to share the deceased’s estate.

Subscribers only...
 

Trusts – tax avoidance

What’s the difference between legitimate tax arrangements and abusive tax avoidance? The author of this useful article highlights the difference following the media coverage concerning the late Duke of Westminster’s estate and his tax affairs. It was widely reported that tax had been avoided through the use of trusts, agricultural property relief and business property relief, all uncontroversial and legal ways of mitigating tax.

Subscribers only...
 

Wills – the golden rule

  In this article the author looks at the court’s approach to testamentary capacity and the applicability of the ‘golden rule’ in a recent case.

Subscribers only...
 

Court of Protection – vulnerable person

New guidance has been issued by Charles J on facilitating participation of P and vulnerable persons in Court of Protection proceedings. The guidance is not prescriptive, but gives useful suggestions as to how practitioners might consider enhancing the participation of P in CoP proceedings. The guidance is primarily aimed towards health and welfare cases in the CoP, though it may also assist in some property and affairs cases.

Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 28

Most-read articles

Wills – dependency claim
Tuesday, 11 April 2017
A widow successfully appealed an award under the I(PFD)A which was made in favour of the testator’ long-term partner (P). The High Court ordered that a life interest in the testator’s half share... Read more...
Legal advice privilege – ‘the client’
Tuesday, 11 April 2017
Legal advice privilege applies to communications with the ‘client’ (only). But, in a large organisation, how do you define the ‘client’? Read more...
Proportionality – planning
Tuesday, 11 April 2017
These are the words of a county court judge in 2001 – they remain equally valid today: Read more...
Architect’s drawing – IP
Tuesday, 11 April 2017
A client may acquire a property with an existing planning permission. If that planning permission is granted on condition that the development is carried out in accordance with specific drawings,... Read more...
MIB – new agreements
Tuesday, 11 April 2017
In January, the MIB published a new Untraced Drivers Agreement, and a revised version of its Uninsured Drivers Agreement, with the changes coming into effect on 1 March 2017. Read more...
Possession – deposit release?
Tuesday, 11 April 2017
On a residential property possession claim, can the court order the deposit holder to release the deposit to L on account of a judgment for rent arrears (ie without the consent of T)? Read more...
Property guardians – assured shorthold!
Tuesday, 11 April 2017
Property guardians are residential occupiers sent into an empty commercial building to protect it from squatters and vandalism. Typically, a guardian will occupy under a licence agreement, and pay a... Read more...
Rates – refurbishment
Tuesday, 11 April 2017
The Supreme Court has handed down a judgment that will be welcomed by all commercial property developers. The court has reversed the previous CA decision and held that only nominal rates have to be... Read more...
Legal aid – domestic violence
Tuesday, 11 April 2017
The five-year time limit on evidence of abuse which prevented vulnerable victims of domestic violence from securing legal aid for court hearings has been removed. This means more victims will be able... Read more...
Holiday pay – finality
Tuesday, 11 April 2017
The Supreme Court has refused to hear an appeal in the long-running Lock holiday pay litigation. Read more...

Resources

IAG International
MSI Global Alliance
In House Lawyer
www.totallylegal.com
Join the IBA now!