Legal commentary
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VideosMember talk: Contentious probate
Catch up with significant contested probate cases from the past 12 months and uncover the dos and don’ts of contentious probate. This series of bitesize videos, exclusive to Private Client Solicitors Section members are delivered by experts to support you in giving the best possible legal advice to your client
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FeatureRea v Rea and undue influence claims
Rajinder Rai examines the judgment in Rea v Rea, and the implications for claims of undue influence
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FeatureHow an investigator can support with contentious probate
Tony Imossi, of Law Society partner ABI, explains the benefit of using a professional investigator when dealing with a contentious will or trust
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FeatureIn the red: debts, insolvency and duties of personal representatives
As the cost-of-living crisis and talks of another recession increasingly hit the headlines, Roman Kubiak, partner and head of the Contested Wills, Trusts and Estates team at Hugh James, and Emily Peacock, trainee solicitor, discuss the thorny topic of debts, insolvency and the duties of personal representatives.
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FeatureA will to deceive
Lesley King looks at the recent case of Re estate of McDonald [2022] EWHC 2405 (Ch), which involved removing an executor
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FeatureNo provisions offered for estranged widow despite will and long marriage
Roman Kubiak, partner and head of contested wills, trusts and estates at Hugh James, and Meg Edwards, trainee solicitor, discuss the recent decision in Ramus v Holt & Ors, where the High Court dismissed a wife’s claim for financial provision from her husband’s estate despite their long marriage.
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FeatureManual updates: HMRC Trust Registration Service Manual
Lesley King comments on HMRCs latest updates to the Trust Registration Manual and highlights the areas particularly relevant for private client practitioners and where the new updates fall short.
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FeatureTrusted professionals: Re Townsend [2022] EWCA Civ 880
Roman Kubiak analyses a recent case where a trustee charged a monthly fee for her services over a 12-year period, leading the Court of Appeal to confirm that non-trust professionals can only be remunerated for trust administration work undertaken within the course of their specific profession
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FeaturePrivate client round-up: CFO interest rates, HMCTS letter and lost wills
Lesley King considers the recent hot topic issues in the private sphere including the interest rates increase for the Courts Fund Office, submission of a IHT400 and a recent case on lost wills.
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Feature“Gesture” for a good will
Roman Kubiak and Emily Peacock discuss a recent case in which the High Court admitted a copy of a deceased’s will found on their computer to probate.
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FeatureThe importance of distinguishing funds
Lesley King discusses the recent case of Batt v Boswell: where confusion over trust and personal money led to a family dispute between two siblings following the death of their parents.
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FeatureSevering a joint tenancy without notice
Roman Kubiak discusses the recent decision of Dunbabin v. Dunbabin [2022] EWHC 241(Ch), in which the court found that a joint tenancy had been severed despite the absence of a notice.
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FeaturePredatory marriages and protecting the vulnerable
Roman Kubiak looks at the recent Court of Protection decision in Re BU [2021] EWCOP54, an application brought by BU’s family in an effort to protect a vulnerable person from contacting a man who they feared would force her to marry him.
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FeatureAccelerated payment of CGT on residential property
Lesley King summarises HMRC’s updated guidance on using a UK Property Account for payment of Capital Gains Tax, and what this means for trustees and personal representatives.
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FeatureCryptoassets – worth the tax risk?
Although there is an increasing awareness of cryptocurrencies, many remain unaware of how these assets are taxed. Stuart Adams and Paul Noble explain the steps HMRC have taken to tax cryptoassets and the challenges this presents investors.
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FeatureNew excepted estates regulations
Lesley King details excepted estate regulations that come into force in the new year, and the various tax implications that they have.
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FeatureAward for success
Roman Kubiak discusses recent judgments where success fees have been awarded to a claimant under the Inheritance (Provision for Family and Dependants) Act 1975, and how “moral claims” to estates are evidenced.
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FeatureThe royal seal
Following the news that Prince Philip’s will is to be sealed from the public for 90 years, Roman Kubiak looks at the legal mechanisms behind this and queries whether wills should be made public at all.
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FeatureStaking a disclaim
Lesley King analyses whether members of a discretionary class can disclaim their interest in settled property and looks at a recent case to see how this has worked in practice.
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FeatureInheritance: the conversations we’re still not having
Although no one enjoys talking about it, there is no ‘right’ age to start planning for probate, says Steve Gauke, business development director at Ampla Finance. Here’s why the conversation should start today.