Recent Features and Opinion
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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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FeatureUnder the influence
Louise Dodds looks at undue influence and fraudulent calumny in respect of wills, and what you can do as a practitioner
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FeatureRetaining revocation
The pitfalls of abolishing section 18 of the Wills Act 1837 should not be underestimated, argues Byron Jones
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FeatureMeddle class
Donna Withers looks at the recent update to Jersey’s probate laws, and how this will affect Jersey’s concept of intermeddling
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FeatureLanguage barriers
Léa Maynard looks at the three different kinds of French will, and the practical language considerations at play in each
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FeatureEstate of affairs
Byron Jones reviews the recently updated Law Society practice note on insolvent estates and considers whether a bigger change was needed
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FeatureLattimer v Karamanoli
Andrew Bishop summarises a case he was involved in, which involved the rectification of a will, and how this relates to proposed changes to the Wills Act to stop marriage revoking a will
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FeatureDigital decision
With more and more of our lives taking place in a digital space, could wills follow suit? Melinda Giles explores
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FeatureWhere there’s a will
Marianne Nankervis looks at the presumption against double portions, ademption and hotchpot
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FeatureFamily matters
Professor Lesley King looks at recent cases involving the Inheritance (Provision for Family and Dependants) Act 1975 and identifies common threads for non-contentious practitioners
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FeatureSuspicious minds
Significant changes to a testator’s previous wishes, or wills created without professional advice, can lead to doubt over the validity of a will. Stephanie Kerr examines two recent cases with suspicious wills
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FeatureClause for thought
Charles Fraser looks at how to appoint guardians, and considerations that should be taken
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FeatureWorkshop: Probate lending – a new and growing market
Robert Husband from Tower Street Finance rounds up his workshop on probate lending
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FeatureRead all about it
Lesley King gave conference attendees a round-up of recent developments in the private client sector including the Trust Register, naming beneficiaries in wills and key cases relating to trusts
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FeatureDelivery service
Dan Gilbert recaps a plenary led by Stephen Burgess from HMCTS, who provided an overview of the current state of the delivery of the probate service
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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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FeatureBack to Basics: Power reserved executors
Helen Stewart explains what you need to know about power reserved executors
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FeatureDisputed territory
Stephen Lawson, Richard Dew and Henrietta Mason explain the recent changes to the Law Society’s disputed wills practice note
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FeatureClause and effects
Alastair Liddiard explains how best to draft chattels clauses in your clients’ wills to avoid any disputes post-death