Latest commentary – Page 5
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News
Autumn Budget - a missed opportunity
Despite the extra funding pledged in the Spring Budget, social care was conspicuously absent from Philip Hammond’s speech on Wednesday, writes Spencer Gardner.
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Feature
Deciphering homemade wills
Lesley King explains how the High Court interpreted a homemade will handwritten by a testator who wasn’t grammatically fluent in English.
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Feature
A case of mutual wills
Lesley King discusses mutual wills and Legg v Burton v Burton [2017] EWHC 2088 (Ch).
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Feature
Contentious probate update – 2017 (part 4)
With Inheritance Act claims and will disputes being the order of the day in the first few months of the year, trusts, anonymity and judicial discretion seem to be the flavour of the spring and summer months.
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News
Contentious probate update - 2017 (part 3)
With Inheritance Act claims and will disputes being the order of the day in the first few months of the year, trusts, anonymity and judicial discretion seem to be the flavour of the spring and summer months.
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Feature
Managing a missing person's financial affairs
The Guardianship (Missing Persons) Act 2017 Act received royal assent in April, establishing a new legal mechanism to deal with the property and financial affairs of a missing person. Lesley King looks in greater depth at the provisions within the act.
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Feature
Contentious Probate Update - 2017 (part 2)
Roman Kubiak takes a look at some of the biggest and most relevant cases for practitioners to hit the legal headlines since the start of 2017, with claims under the Inheritance (Provision for Family and Dependants) Act 1975 appearing particularly heavily.
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Feature
Contentious Probate Update - 2017 (part 1)
Roman Kubiak takes a look at some of the biggest and most relevant cases for practitioners to hit the legal headlines since the start of 2017, with claims under the Inheritance (Provision for Family and Dependants) Act 1975 appearing particularly heavily.
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News
The probate fee saga
The joint select committee on statutory instruments has queried whether the proposed probate fee increases are within the lord chancellor’s powers and referred the draft regulation to parliament on the basis that it represents a tax.
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Feature
Ilott, Magna Carta, Brussels IV and the rights of spouses and heirs
Martin Beard, partner at Dawson Cornwell, and Ray Beard, solicitor at the Head Partnership Solicitors, discuss topical issues concerning succession law and heirship.
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News
The Fourth Anti–Money Laundering Directive ((EU) 2015/849)
Lesley King provides commentary on the impact of 4ALMD on practitioners.
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Analysis
Survivorship clauses and the commorientes rule
Lesley King discusses survivorship clauses in wills following death and the recent judgment in Jump v Lister.
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Case studies
Contentious Probate Update - December 2016 (Part 2)
Roman Kubiak rounds up significant probate cases in recent months, including solicitor facing prison sentence for ignoring court orders.
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Analysis
Contentious Probate Update - December 2016 (Part 1)
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.
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Analysis
Lay of the land
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?
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News
Variation on a theme
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.
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Analysis
The right to buy? Maintenance and the 1975 act
Lesley King discusses two new important pieces of OPG guidance, and an interesting – and somewhat surprising – case on maintenance under the Inheritance Act 1975
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Analysis
Contentious probate update August 2016
Roman Kubiak takes a look at some more notable recent cases in the contentious trusts and probate field that you may have missed.
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Analysis
Contentious probate case law update July 2016
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.
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Analysis
RNRB and the new downsizing allowance
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 ...