Commentary

  • roman-kubiak-600x400
    Feature

    The royal seal

    2021-09-22T16:17:00Z

    Following the news that Prince Philip’s will is to be sealed from the public for 90 years, Roman Kubiak looks at the legal mechanisms behind this and queries whether wills should be made public at all.

  • Lesley-King-600x400
    Feature

    Staking a disclaim

    2021-09-22T16:17:00Z

    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.

  • money coins
    Feature

    Inheritance: the conversations we’re still not having

    2021-08-13T10:50:00Z Sponsored content

    Although no one enjoys talking about it, there is no ‘right’ age to start planning for probate, says Steve Gauke, business development director at Ampla Finance. Here’s why the conversation should start today.

  • Roman Kubiak
    Feature

    No shopping around!

    2021-06-16T11:11:00Z

    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”.

  • Lesley-King-600x400
    Feature

    Testamentary capacity and insane delusions

    2021-06-14T08:02:00Z

    Lesley King discusses how testamentary capacity is tested during contentious probate, and what is meant by ”insane delusions”.

  • pencil-rubber-eraser-mistake-600x400
    Feature

    BeWare!

    2021-04-21T09:32:00Z

    Lesley King comments on a case in which rectification of deeds of appointment was granted where there had been a mistake as to the legal, and not just fiscal, consequences of changes to a trust.

  • Roman Kubiak
    Feature

    Rokkan a hard place

    2021-04-20T15:01:00Z

    Roman Kubiak discusses an interesting probate case in which the surviving spouse circumvented Norwegian succession rules after acquiring Anglo-Welsh domicile.

  • Roman Kubiak
    Feature

    Clash of the trustees - removing a trustee with competing interests

    2021-03-03T14:38:00Z

    Roman Kubiak discusses the January 2021 decision of HHJ David Cooke in Manton v Manton , in which he removed a trustee of a family trust for breach of the “conflict rule”.

  • Pen writing letter
    Feature

    Rectification of post-death variations: check and re-check

    2021-03-03T13:57:00Z

    Lesley King addresses a recent judgment involving a successful claim for a rectification of a deed of variation, which emphasises the importance of good communication between professionals.

  • Analogue clock showing ten minutes to six.
    Feature

    Guidance for deputies: Hourly rates

    2021-01-18T11:14:00Z

    The recent decision in the cases of PLK Ors has opened up a new approach to hourly rates. Andrew Bennetts looks at how financial and property affairs deputies can recover costs, even with a retainer in place

  • Estates property quiet gravel path
    Feature

    Overcoming the burden of administration in death

    2021-01-15T14:29:00Z

    Estate management is a time-consuming business, but the digitisation of death will accelerate in the coming years, claims Tremayne Carew Pole, founder of  Life Ledger. He looks at how the process is changing in the private as well as the public sector 

  • meeting-people-talking-office-forum-event-4000x2666
    Feature

    Guidance for deputies: Instructing your own firm post-Re ACC

    2021-01-15T12:15:00Z

    Since Re ACC , the steps a deputy must take before instructing another legal team have changed. Bethan Phillips looks at how this impacts property transactions, tax returns, and continuing healthcare and education challenges.

  • Microscope image
    Feature

    Guideline hourly rates again under the microscope

    2021-01-12T14:09:00Z

    Roman Kubiak looks at the recent decision in Cohen v Fine and others [2020] EWHC 3278 (Ch), an appeal from a first-instance decision in which the High Court proposed an increase to the guideline hourly rates.

  • Not found image
    Feature

    For names’ sake! Naming charities in wills

    2021-01-07T13:25:00Z

    Inaccurate beneficiary names in wills can cause all sorts of problems. Lesley King reviews a recent example in Knipe v British Racing Drivers’ Motor Sport Charity and others [2020] EWHC 3295 (Ch).

  • olga-delawrence-5616whx5NdQ-unsplash
    Feature

    What’s outstanding on your DAC6 action list? The deadlines are nigh!

    2020-11-25T14:59:00Z

    Carol Katz explains the DAC6 regulations and how to comply with them. 

  • Time-recording - alarm clock on desk - 600x400
    Feature

    Accelerated payment of capital gains tax on residential land

    2020-11-04T14:49:00Z

    Since 6 April 2020, report and payment for capital gains tax on residential land must be made within 30 days of completion. Lesley King looks at the rules that trustees and personal representatives need to follow.

  • Court of Protection
    Feature

    Uplifting hourly rates for Court of Protection assessments

    2020-10-30T12:05:00Z

    Roman Kubiak looks at the recent decision in the linked cases of PLK Ors , in which the Senior Courts Costs Office assessed the costs in four cases at 20% above the guideline hourly rates.

  • Will-writer
    Feature

    Will-wrangling – exceptions not rules in Wrangle v Brunt

    2020-09-18T10:15:00Z

    Roman Kubiak looks at a recent High Court decision which approved the validity of a will signed, at the testator’s direction, by his attorney – and which ordered the deceased’s estate to pay the costs for both parties.

  • trust-handshake-gloves-covid-600x400
    Feature

    Trust issues: witnessing wills and changes to the Trusts Register

    2020-09-17T20:21:00Z

    Lesley King considers the recent changes to the Trusts Register and a legislation update, validating wills made via videoconference since 31 January 2020.

  • Police accident
    Feature

    Unlawful killing: applying the forfeiture rule

    2020-06-18T11:38:00Z

    Lesley King looks at the rare cases practitioners may encounter when the court considers granting relief from the forfeiture rule after an unlawful killing.