Archives: Wills, probate and administration

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Wills – video-witnessing

December 2020/January 2021 | Wills, probate and administration

All wills practitioners should become familiar with the Law Society’s guidance on video-witnessing wills now that the strict rules under the Wills Act 1837 have been temporarily relaxed. The formal legal requirements for witnessing wills do not allow for video-witnessing wills. The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 SI 2020/952 amends the …

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Capital gains tax – trustees and property

November 2020 | Wills, probate and administration

As we have reported above (p10), HMRC has issued an important reminder about the deadlines for payment of CGT in relation to sales of residential property. Following changes that came into effect in April 2020 for the new tax year, any individual UK resident or executor must report cases where CGT is due, and make …

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Procedure – probate applications

November 2020 | Wills, probate and administration

As of 2 November 2020, probate practitioners are now required to use the online portal system for submitting applications for grants in most probate cases. Those excepted from the online portal include the most complex and, for instance, a grant of administration including a grant of administration with will annexed, and an application for a …

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Procedure – in-person visits

November 2020 | Wills, probate and administration

Many practitioners need to visit vulnerable clients in person, but the Covid-19 restrictions have raised significant challenges to this. The Department of Health and Social Care has issued updated guidance for England on the MCA and DoLS during the pandemic, particularly in relation to the self-isolation rules and the impact of the local Covid alert …

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Vulnerable clients – elder abuse

November 2020 | Wills, probate and administration

Does existing legislation protects those who are most vulnerable to financial abuse, particularly with the increasingly ageing population? This is the difficult subject of an article in which the author cites a statistic that 413,500 elderly people in England and Wales experience some form of abuse every year. She notes that the CPS has already …

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