Archives: Wills, probate and administration

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Procedure – LPAs

July/August 2022 | Wills, probate and administration

Practitioners advising clients in relation to LPA applications are warned that applications are currently taking almost 82 days to approve. The news emerged following a parliamentary question on the issue posed by David Davis MP. The OPG’s target is just 40 days. Tom Pursglove MP for the MoJ expressed a commitment to reducing the current …

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Procedure – non-UK trusts

July/August 2022 | Wills, probate and administration

HMRC has added a new section (TRSM25030) on non-UK trusts and CGT liability on UK property to the Trust Registration Service (TRS) manual following the recent rule changes. It clarifies which types of trust need to be registered depending on whether tax is liable in relation to UK assets or UK-sourced tax income. The new …

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LPA – deputies’ remuneration

July/August 2022 | Wills, probate and administration

A professional deputy (D) failed in trying to get his costs assessed by the SCCO. D was appointed property and financial affairs deputy for a widow in her 90s who lacked capacity to make her own decisions. Sadly she died in residential care during the first national lockdown. The issue for the CoP was that …

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LPA – past capacity

July/August 2022 | Wills, probate and administration

It’s not often the court has to determine common issues which are not complex but on which there is a lack of judicial authority. The CoP recently had to decide whether the donor (D) of an LPA had capacity when he executed a property and financial affairs LPA in 2009, appointing his two brothers and …

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Spousal contact – coercive control

June 2022 | Wills, probate and administration

Ending P’s contact with H, who had demonstrated a continuing pattern of controlling and coercive behaviour towards her even after she went into full-time care, was not in her best interests. Both parties were 65 and P had suffered a severe brain haemorrhage, necessitating a move into a specialist care home. She lacked capacity to …

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Disputed wills – evidence

June 2022 | Wills, probate and administration

A digitally-created will was valid, notwithstanding the lack of physical evidence. In 2019, T died at 48 years old, leaving two daughters under 18. He was divorced and had lost contact with his daughters. Sadly, he also suffered long-term physical and mental ill-health. At the time of his death, he had been in a relationship …

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Charities – purpose and profitability

June 2022 | Wills, probate and administration

One of the many duties of charity trustees is to consider the suitability of its investments to achieve the best financial return within an acceptable level of risk. A significant decision on an ethical issue relating to investments is important for all private client lawyers working with or coming across charities in the course of …

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Breach of trust – executors

June 2022 | Wills, probate and administration

A disagreement arose in respect of the distribution of D’s £3.4m net estate, leading to D’s daughter formally requesting from the estate trustees an undertaking not to distribute the estate. However, she had not yet issued a claim or withdrawn her own challenge to their proposed distribution. The trustees asked the High Court for a …

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