The Law Society Library explains where you can find precedents for bare trusts and declarations of trust.
Charities still do not know how they will receive bequest alerts after the government ends its arrangement with a private legacy notification provider in July 2019.
HMCTS has provided a list of common errors it has found in statement of truth applications.
We asked HM Courts and Tribunals Service to explain the ongoing delays to the probate service and confirm the steps being taken to address the problems.
In March 2019, it was announced that the statutory instrument bringing the revised probate fee scheme into force would be delayed. HM Courts & Tribunals Service has published more information on what practitioners should be doing until the scheme is implemented.
The Ministry of Justice has begun work on closing down regional probate registries and moving the service under one roof.
Our Practice Advice Service considers what you can do if your client’s testamentary capacity changes before their will has been executed.
Law Society policy adviser Emily Weidner speaks to Ian Bond about the new online probate service introduced by HM Courts and Tribunals Service (HMCTS) and what this means for solicitors.
The Ministry of Justice (MoJ) has announced that the controversial probate fee increase will no longer take place on 1 April 2019.
Fresh concern has been raised about the proposed overhaul of probate fees
A case that threw a wrecking ball at the practice of lawyers making stand-still agreements over late claims could be challenged in the Court of Appeal.
The High Court has granted permission to bring a claim under the Inheritance Act – despite it being issued some 25 years and nine months after the deadline.
Charitable organisations have urged the government to reconsider controversial proposals to increase some probate fees so that estates including bequests to charities are not adversely affected.
The Law Society Library discusses the succession rights of illegitimate relations on an intestacy.
300,000 vulnerable people will see their rights stripped back every year by imminent changes to the Mental Capacity Act, the Law Society has said.
The government is attempting to raise probate fees – we are calling on our members to write to their local MP to urgently raise concerns regarding this stealth tax
The Ministry of Justice is calling for evidence on the code of practice for the Mental Capacity Act 2005 (MCA 2005).
HM Revenue & Customs (HMRC) has published guidance on how individuals possessing cryptoassets may be taxed.
Government officials have not assessed the cost of administering probate for high value estates, despite plans to introduce increased charges, it has emerged.
How far can the Senior Courts Costs Office (SCCO) exceed a costs estimate? The Law Society’s Practice Advice Service explains.
Mental health patients must be given greater choice and control when the outdated Mental Health Act 1983 is revised, says the Law Society.
The Law Society updated its guidance on disputed wills in December 2018, Stephen Lawson looks at the changes.
Are you up to date with the Law Society’s practice notes? We’ve gathered together a list of ten key private client law practice notes that have been updated throughout the year.
Kate Mahon reviews the highlights from our 2018 conference on elderly and vulnerable client care.
We’ve gathered our top articles from past issues of PS magazine to help private client practitioners build their skills and follow best practice. Our first collection covers management in private client practice
The government has resurrected plans for a sharp hike in probate fees on bigger estates.
Legislation in force from next April will bring almost all non-resident owners of land within the scope of UK tax on their gains – the loss of a key tax benefit for investors. Jo Summers explains
The Law Society’s Library discusses advance decisions or living wills, and sources of commentary and precedents.
Vulnerable adults could be put at risk if care homes are given increased responsibility for decisions about their liberty.
A new legal obligation, the ‘requirement to correct’ (the RTC) requires taxpayers with outstanding offshore tax non-compliance to correct the position before 30 September 2018. Stuart Adams explains what action you need to take.
We invite off-shore trustees to complete a brief survey to help identify potential issues with proposed changes to offshore trusts.
We’re looking to hear from our Welsh members if they have seen a rise in accountants moving into probate work.
The Law Society has responded to the Office of Tax Simplification’s Inheritance Tax Review.
The Law Society Library provides guidance on contentious probate (Larke v Nugus) and where precedents and guidance can be found.
Court users will now be able to send applications directly to the regional hub where they reside, the Ministry of Justice (MoJ) has proposed.
In the May 2018 edition (issue 133) of PS, the Law Society published an article entitled ‘State of mind’ by Elizabeth Barclay, a solicitor at Howard Kennedy LLP.
New draft guidance has been published to assist those advising non-UK domiciled clients on the important tax changes introduced by the Finance (No 2) Act 2017.
You may have heard that the SRA is proposing sweeping changes to the Handbook, which the Law Society believes could seriously damage the reputation of the profession. Here, Law Society policy adviser Marzena Lipman looks at the specific proposals which would allow solicitors to carry out non-reserved legal services from unregulated entities, and their potential impact on both solicitors and clients.
Legislation will be brought forward to reform safeguards covering people detained under the Mental Capacity Act 2005, the government has announced, accepting several recommendations made by the Law Commission.
The HM Courts & Tribunals Service (HMCTS) Probate Reform Team provides an update on the online grant of representation service, and how solicitors can get involved in the next stage of testing.
The Excellence Awards are back for 2018 and are going to be the biggest and best yet. The awards include Excellence in Private Client Practice, which celebrates excellence and outstanding achievement in private client work
The Law Society Library helps find immediate post death interest (IPDI) trust precedents.
System to go live in early April for Accredited Legal Representatives (ALRs) in the Court of Protection.
The anti-money laundering (AML) guidance produced by the legal sector AML supervisors, including the Law Society, has now received the approval of HM Treasury and is available to download now.
The Trusts Register will provide a single point of access for trustees and their agents to register and update their records online, replacing the current paper 41G(Trust) form and the ad hoc process for trustees to notify changes in their circumstances.
The Ministry of Justice has launched a scheme to refund those who may have paid more than they should for applying to register powers of attorney. The Private Client Section has prepared a precedent letter that members can send to their clients informing them of the scheme and the steps they can take to obtain a refund.
People detained for mental health problems need legislation that protects them better, the Law Society of England and Wales said in its evidence to the independent review of the Mental Health Act 1983, announced by Theresa May in her most recent party conference speech.
The Ministry of Justice (MoJ) has launched a scheme to refund those who may have paid more than they should for applying to register powers of attorney.
The state must protect vulnerable people from being deprived of their liberty without proper legal safeguards, the Law Society of England and Wales said following a stinging ruling in the Court of Protection.
A new podcast for the Risk and Compliance Service looks at the new obligations placed on private client practitioners by the Money Laundering Regulations 2017 and the recent Criminal Finances Act