Commentary – Page 4

  • Roman-Kubiak-new-black-and-white
    Case studies

    Contentious Probate Update - December 2016 (Part 2)

    2016-12-07T10:49:00Z

    Roman Kubiak rounds up significant probate cases in recent months, including solicitor facing prison sentence for ignoring court orders. 

  • Roman-Kubiak-new-black-and-white
    Analysis

    Contentious Probate Update - December 2016 (Part 1)

    2016-12-01T16:29:00Z

    Roman Kubiak rounds up significant probate cases in recent months, including the Supreme Court judgment which overrules the reliance-based approach on illegality in Tinsley v Milligan. 

  • Lesley King new
    Analysis

    Lay of the land

    2016-10-06T10:31:00Z

    It looks as if Brussels IV may not be as useful as hoped for UK-domiciled clients owning land in EU states, remarks Lesley King. What does this mean for UK practitioners?

  • Lesley King new
    News

    Variation on a theme

    2016-09-07T12:01:00Z

    Lesley King rounds up the latest developments in the world of private client, including an application under the Variation of Trusts Act, and a will in favour of a long-term carer being overturned by disappointed relatives.

  • Lesley King new
    Analysis

    The right to buy? Maintenance and the 1975 act

    2016-08-17T14:25:00Z

    Lesley King discusses two new important pieces of OPG guidance, and an interesting – and somewhat surprising – case on maintenance under the Inheritance Act 1975

  • Roman-Kubiak-new-black-and-white
    Analysis

    Contentious probate update August 2016

    2016-08-16T15:32:00Z

    Roman Kubiak takes a look at some more notable recent cases in the contentious trusts and probate field that you may have missed.

  • Roman-Kubiak-new-black-and-white
    Analysis

    Contentious probate case law update July 2016

    2016-07-18T14:48:00Z

    Roman Kubiak, partner in the Contested Wills, Trusts and Estates team at Hugh James, takes a look at some of the most notable cases in the contentious trusts and probate field over the last few months.

  • Lesley King new
    Analysis

    RNRB and the new downsizing allowance

    2016-07-18T12:24:00Z

    Two very different matters this month: I discuss an application to dispense with service of an application to make a statutory will on a person who was entitled to a half share in P’s estate and would be disinherited by the proposed will; and new ’downsizing’ provisions in the Finance ...

  • Mediation
    Feature

    Using mediation to resolve private client disputes

    2016-06-07T10:01:00Z

    Leading commercial mediator Andrew Hildebrand explains how mediation can be used effectively to manage private client disputes

  • Lesley King new
    Analysis

    Extending the DOTAS regime to inheritance tax - the next chapter

    2016-06-06T11:14:00Z

    Lesley King comments on HMRC’s long-awaited follow-up to last year’s consultation on the extension to DOTAS to inheritance tax

  • Roman-Kubiak-new-black-and-white
    Analysis

    The biggest contentious probate cases of 2016 so far

    2016-04-08T12:38:00Z

    Roman Kubiak, partner at Hugh James, takes a look at some of the most notable cases in the contentious trusts and probate field over the last few months.

  • Lesley King new
    Analysis

    Costs of trust litigation: Blades v Isaac & Alexander

    2016-04-08T10:02:00Z

    Lesley King  discusses  Blades v Isaac Alexander  [2016] EWHC 601 (Ch), which raises some some interesting points on the role of executors and trustees of discretionary trusts.

  • Lesley King new
    Analysis

    Going it alone

    2016-03-01T14:20:00Z

    Lesley discusses a recent First-tier Tribunal which saw executors who had chosen to administer an estate without professional advice left with personal liability for an income tax bill that they were unable to settle from the estate

  • Lesley King new
    Analysis

    Lord Lucan is officially dead

    2016-02-10T16:29:00Z

    Lesley King rounds up the latest talking points in private client law, including Lord Lucan’s officially declared dead after over 40 years, and a High Court ruling that the lack of a personal representative does not allow a beneficiary to bring an action to protect assets on behalf of an ...

  • New Roman Kubiak
    Feature

    Contentious probate case law update

    2016-01-15T17:20:00Z

    As the dust settles on 2015, Roman Kubiak takes a look at some of the most notable recent cases in the contentious trusts and probate field 

  • Lesley King new
    Analysis

    Rectifying the situation

    2016-01-14T15:17:00Z

    Lesley King considers a recent High Court decision that provides a useful reminder of the availability to trustees of the section 48 procedure under the Administration of Justice Act 1985.

  • Lesley King new
    Analysis

    Only strong evidence can rebut presumption of due execution

    2015-12-09T12:01:00Z

    The High Court has confirmed existing case law on the level of evidence required to rebut the presumption of due execution of a will that conforms with section 9 of the Wills Act 1837. Lesley King explains more

  • Lesley King new
    Analysis

    Missing, presumed dead

    2015-11-09T17:17:00Z

    Lesley King rounds up the latest private client developments, including a proprietary estoppel case and Lord Lucan’s son’s move to have his father declared officially dead under the Presumption of Death Act

  • Rainbow flag
    Analysis

    Pensions blow for same-sex couples

    2015-10-13T09:25:00Z

    The Court of Appeal has ruled that civil partners’ spouses are not entitled to pension benefits accrued before December 2005

  • Lesley King new
    Analysis

    Ramsay v Ramsay: capacity does not have to be perfect

    2015-10-13T09:05:00Z

    Lesley King discusses Ramsay v Ramsey  [2015] All ER (D) 32 (Sep), the latest in a long line of wills made by elderly people that has been challenged by one or more of their children on the basis of lack of testamentary capacity