Practitioners acting for trustees will value a recent ‘FAQ’ by the Law Society on a question raised about due diligence when trustees are buying property for the trust. The question posed is: Do I have to identify and verify all the beneficial owners to the same standard? The short answer is: ‘… you must obtain …
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A will that was handwritten by a law firm senior partner was valid, even though she did not follow the Golden Rule. Time was of the essence for T, who was 74 and suffered serious health problems. He had spent around ten days in hospital prior to making the will and died nearly a month …
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During the covid pandemic, the temporary ‘lockdown’ restrictions created particular challenges for wills and probate lawyers. At the same time, wills instructions rose steeply as people were confronted with their own mortality. This case illustrates the practical and legal problems that arose when T wanted his will drawn up and executed quickly, knowing he would …
Continue reading “Donationes mortis causa – lockdown wills”
This is an interesting appeal ruling on the extent of the CoP’s discretion to revoke a deputyship order. Permission to appeal was granted on the basis that issues raised have not been expressly considered before. CL had been a deputy for personal welfare (and was also P’s mother). The order was discharged in its entirely …
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A recent case was, said the judge, a tragedy – ‘like a modern-day King Lear’ – a husband and daughter (the claimants) versus her mother and her father’s (T) estate. The tragedy was not just the family fall out, but also the financial implications: the costs budget of £772,000 was significant in comparison to the …
Continue reading “Contested probate – conditional orders”
Practitioners should note a High Court decision that a solicitors’ firm was liable for most of the costs of a case where mistakes had been made in the drafting of the will. It’s an abject lesson that sloppy will drafting could cost firms more than they perhaps might anticipate. The ruling followed a dispute around …
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This is an interesting ruling involving a predatory marriage. An elderly widower (T), who was 93, married his 54-year-old ‘carer’ (G) and then made a new will in her favour. In doing so, he disinherited his daughter (L), his only child. T died less than a year after the marriage. L won her claim on …
Continue reading “Inheritance – predatory marriage”
There are strict rules about the making of profits by a trustee, including personal representatives. In what is most probably the end of the road for Brealey v Shepherd, the CA has given its ruling on the issue of remuneration of executors and estate trustees. By way of reminder, the HC ruled in 2022 that …
Continue reading “Executor remuneration – charging clauses”
Wills solicitors will appreciate the ongoing challenges of ensuring there are no ambiguities in the wills they draft (and advising clients to keep their wills under review). Every so often, an avoidable dispute arises because insufficient care was taken by the will drafters in properly naming charities and other organisations. A recent case illustrates how …
Continue reading “Charitable bequests – ambiguities”