Commentary
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FeatureWills in a time of social distancing and self-isolation
Social distancing and self-isolation, coupled with the sudden increase in demand for wills and lasting powers of attorney (LPAs), are presenting unique challenges for private client practitioners. Lesley King and Roman Kubiak consider how to tackle these issues – at a safe distance.
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Analysis
Like buses: Thakare v Bhusate and out-of-time Inheritance Act claims
Roman Kubiak gives an update on Thakare v Bhusate [2020] EWHC 52 (Ch), where the High Court have allowed a widow’s application to issue a claim under the Inheritance Act 1975 – 26 years out of time.
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Feature
Missing: date of presumed death
When someone goes missing and is never found, the date of their presumed death can impact who inherits their property. Lesley King considers the issues that can arise.
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Feature
Accidental interests in possession
Lesley King considers why it’s important to think through the inheritance tax consequences of giving a right to occupy.
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Analysis
Litigant in person loses claim to set aside mother’s will
Roman Kubiak comments on Barnaby and another v Johnson [2019] EWHC 3344 (Ch), where a litigant in person was unsuccessful in challenging her mother’s will.
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Feature
Mistakes and money-laundering
Lesley King comments on a case where a trust beneficiary’s right to income was rescinded on the basis of mistake, and on the government’s consultation on implementing the Fifth Anti-Money Laundering Directive.
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Analysis
Scarle v Scarle: High Court upholds commorientes rule
Roman Kubiak and Oliver Black take a closer look at Scarle v Scarle , in which it was unclear which of a couple had died first and where the High Court recently upheld the commorientes rule.
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Feature
In a bind: drafting deadlines for conditional gifts in a will
Lesley King comments on a case where the time to comply with the condition of a will expired before the beneficiaries were aware of it – and on Scarle v Scarle , which dealt with deaths in uncertain order.
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Analysis
Court of Appeal overturns two main 2019 contentious probate cases
As summer turns to autumn, and the nights start ushering out the long daylight hours, so too has the Court of Appeal recently ushered out two of the most notable first instance decisions of the year. Roman Kubiak discusses the judgments in Lomax v Lomax and Cowan v Foreman ...
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Feature
Making a lasting power of attorney – getting it right first time
Laura Crouch and Shahzad Aziz from the Office of the Public Guardian offer top tips to speed up the process of setting up a lasting power of attorney.
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Feature
PPI: my firm’s approach
Ian Bond discusses the steps his firm has taken ahead of the 29 August deadline for payment protection insurance claims.
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Feature
Payment protection insurance and private client practitioners
The cut-off date for payment protection insurance claims is 29 August 2019. Lesley King looks at what this means for private client practitioners
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Analysis
Screaming out for a judge-led process – contentious probate update
Roman Kubiak comments on Lomax v Lomax [2019] EWHC 1267 (Fam), an Inheritance Act claim where the court refused to force parties to early neutral evaluation.
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Analysis
Probate update: disputed domicile and Inheritance Act claims
Roman Kubiak looks at Kohli v Proles [2019] EWHC 193 (Ch), where the court dismissed an application to appeal the finding of an England and Wales domicile in Inheritance Act claim.
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Feature
Probate fees and civil partnerships
In something of a mixed bag this month, Lesley King comments on the introduction of civil partnerships for opposite-sex couples and the latest news on probate fees.
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Analysis
Relief: when is it merited?
Roman Kubiak comments on an assisted suicide case where a widow was granted relief against the forfeiture rule, and a case in which another widow was refused relief to bring a claim for financial provision out of time.
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Feature
Out of time: claims under the Inheritance Act
Lesley King comments on Cowan v Foreman and ors [2019] EWHC 349 Fam, and looks at what the case means for both contentious and non-contentious probate practitioners.
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Feature
A stealthy new year: probate fees
Lesley King comments on recent developments in the private client sector, such as the controversial increase in probate fees and new wording for grant applications.
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Analysis
Undue influence: what is sufficient legal advice?
Roman Kubiak considers two contentious probate cases: an attorney’s application to be appointed as substitute personal representative in place of a donor; and a property transfer set aside for presumed undue influence.
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Analysis
Strike and you’re out: contradictory probate claims
Roman Kubiak breaks down the complex case of Bhusate v Patel Ors [2018] EWHC 2362 (Ch), in which the claimant suffered a heavy defeat after pleading contradictory alternative claims.
