Recent Features and Opinion
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Probate service update
Ian Bond assesses the verdict of the National Audit Office report on HM Courts & Tribunals Service initiatives
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Lattimer 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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Where there’s a will
Marianne Nankervis looks at the presumption against double portions, ademption and hotchpot
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Workshop: When contentious probate meets private client
Stephen Lawsom recaps his workshop on contentious probate
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The 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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Severing 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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Versus predator
The risk of vulnerable parties entering into a predatory marriage is gaining increasing attention, both in the press and in the legal profession. Bethan Byrne and Sheena Cassidy Hope explore how new protections can be achieved through changes in the law
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At capacity
Holly Miéville-Hawkins and Holly Chantler review some key welfare cases from 2021, and the implications they have for financial deputies and attorneys
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Special blend
Choosing your attorney when making a lasting power of attorney requires much thought in any event, but things can get even more complicated when blended families are involved, as Fiona Heald and Sophie O’Connell explain
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Predatory 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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Staking 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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Classical studies
Kate Mahon reviews the ninth edition of the Law Society’s popular Probate Practitioner’s Handbook, with new chapters on data protection and the SRA Accounts Rules
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Paper trails
While the digitalisation of the probate process continues apace, there are still some grants of representation that need to be made on paper, as Keith Biggs explains
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No shopping around!
Roman Kubiak and Oliver Rees discuss their recent case in which an Irish executor was ordered to transfer assets from the deceased’s Irish estate to an English executor to settle debts in England and to avoid “forum shopping”.
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Testamentary capacity and insane delusions
Lesley King discusses how testamentary capacity is tested during contentious probate, and what is meant by ”insane delusions”.
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Rokkan a hard place
Roman Kubiak discusses an interesting probate case in which the surviving spouse circumvented Norwegian succession rules after acquiring Anglo-Welsh domicile.
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Swift justice
Swift v Carpenter provides welcome guidance for injury claimants who need to purchase more expensive property, says Laura Scantlebury
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Workshop: Contentious probate update
Delegates at the conference could choose between five workshops, run twice over the course of the day. William Moffett recaps his key contentious probate cases from 2019
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So you claim
Tom Dumont rounds up the latest claims brought under the Inheritance (Provision for Family and Dependants) Act 1975, including by cohabitees, spouses and young children