Archives: Wills, probate and administration

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Practice – gifts to solicitors

October 2020 | Wills, probate and administration

The Law Society has published an updated practice note on preparing a will when the client wants to leave a gift to you, your family or colleagues. It reflects the latest legal and regulatory developments – notably, a new detailed section on the regulatory issues in view of the SRA Standards and Regulations which came …

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Wills – video witnessing

October 2020 | Wills, probate and administration

New provisions temporarily amending s9 Wills Act 1837 came into effect on 21 September 2020, allowing the remote witnessing of wills using video conferencing technology. A key principle is that the person making the will must have a clear line of sight of witnesses signing the will. Government has not gone as far as allowing …

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Inheritance tax – pensions

October 2020 | Wills, probate and administration

Was the deceased’s motive in transferring her company pension to a private pension before her death from cancer to avoid IHT? No, said the appeal court; it was to ensure no part of it would revert to the company she had established with her ex-husband. S was a company director and transferred what was a …

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Deputies – payment

October 2020 | Wills, probate and administration

A professional deputy who was a part-qualified accountant could not be remunerated at a higher rate than public authority deputies, the Court of Protection ruled. The professional deputy in this case was the MD of his own company, Professional Deputies. He sought authority to charge fees at the solicitors’ rate (or alternatively, that he should …

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Procedure – administration of estates

September 2020 | Wills, probate and administration

The coronavirus lockdown has made it harder for PRs to administer estates within a reasonable time period, as the author states – not least because property sales quickly ground to a halt. Although the market is moving again, he doubts properties will retain their pre-Covid-19 values. He also highlights the impact on the value of …

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Wills – video witnessing

September 2020 | Wills, probate and administration

Remote video witnessing of wills is legal, at least as a stopgap to address what have proved to be significant practical problems presented by Covid-19 for testators and witnesses. The temporary change will be legislated for in September with retrospective effect from 31 January 2020. The change will remain in place as long as is …

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Probate – disputes

September 2020 | Wills, probate and administration

A grant of representation was revoked and the court directed that the will executed in duplicate be pronounced for. The ruling following a torrid family dispute involving a number of legal issues. D died in 2007 after being hit by a train at the age of 35. It appeared he had died intestate and his …

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Administration – unascertained creditors

September 2020 | Wills, probate and administration

An estate’s assets have effectively been frozen temporarily, and the executors ordered not to distribute the £4.7m estate before opportunity had been given for the deceased’s assault victims (if any) to claim compensation. Michael Studdert died in 2018 leaving a number of legacies and his residuary estate to an educational trust. However, he had been …

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Guardianship – OPG

September 2020 | Wills, probate and administration

Practitioners will be interested to know that attorneys under an LPA can now access a digital service to prove their status to banks and other institutions. The Office for the Public Guardian in England and Wales released the new online service, Use a lasting power of attorney service, with effect from July. It is all …

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Procedure – deputies

September 2020 | Wills, probate and administration

In this helpful costs article, the author reminds deputies and their advisers as to when general management costs can be applied for, together with the relevant timeframes for submitting bills to the CoP. She emphasises that the process from the first step – seeking P’s authority to act as deputy – to receiving the order …

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