The Practical Lawyer

Great care must be exercised in claiming the IHT relief 'normal expenditure out of income', particularly where the intention is to give the maximum amount. As a very valuable relief it can prevent the value of the IHT estate from increasing when used correctly.

An application to the Court of Protection was sufficient to sever a beneficial joint tenancy. In a recent case, two cohabitees bought a property and lived there together for more than 20 years, holding it as beneficial joint tenants. When the relationship broke down, M moved out and P was advised by his solicitors to sever the joint tenancy by way of notice.

The courts frequently allow claims under the I(PFD)A by adult children with implications for both private client practitioners and civil litigators. This helpful article considers how the courts have applied the law in recent cases.

Risk management for solicitors in probate practice has never been more important. And there has been a rapid growth in the number of small firms offering probate genealogy services following programmes such as the BBC's Heir Hunters. But whilst some services offered are tempting, there is a strong case for using experienced professionals when an estate is at stake.

Charitable legacies can be a poisoned chalice in instances where testamentary capacity is an issue as a number of recent cases have shown. This useful article discusses recent cases and the impact on charities.

Where an individual's affairs are relatively straightforward, the Office of the Public Guardian believes it would be appropriate for his or her affairs to be managed by a non-solicitor deputy whose charges would be lower.

The claimant in a contested probate action had satisfied the burden of producing the strongest evidence as the evidential force of the presumption in favour of due execution did not outweigh the findings made.

It was in the mentally incapacitated individual's best interests to provide a DNA sample for a paternity test. In a recent case, the applicant, LG, was a deputy for the property and affairs of an individual (DK) who was 84 and suffered from dementia. LG asked the court to decide if it was in his best interests to provide a DNA sample for a paternity test in relation to BJ who believed him to be her father. The official solicitor had doubts as to its appropriateness.

Contentious probate litigation is invariably complex and lengthy and advising the client on costs can be challenging. This useful article advises practitioners how best to ensure costs estimates are as realistic as possible.

There is a wide scope of evidence and tactics that can be used to prove a lost will sufficiently to admit it to probate. This useful article considers the evidence that can be collected and encourages practitioners to think creatively when confronted with an estate where a will has been lost.