Latest features
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FeaturePodcast: What to expect from the Law Commission’s wills report
On Today’s Wills and Probate Podcast, Elizabeth Gibbison, chair of the Private Client Solicitors Section Advisory Committee and Stephen Lawson, chair of the Wills and Equity Committee, offer a deep dive into the ongoing and upcoming changes in the law of wills.
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FeatureEvent round-up: healthcare funding discussion, and the Law Society’s bicentenary
Melinda Giles rounds up a recent event with a panel discussion on healthcare funding, and celebrating 200 years of the Law Society
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FeatureOn the register?
Chris Claxton-Shirley provides a reminder of the main requirements of registering trusts, including the exceptions which apply to certain clients.
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FeatureWebinar summary: restrictions on title
Fiona Heald provides a summary of what was covered in the recent Section member webinar, restriction on title: top tips for private client and property lawyers
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FeatureWhat Hirachand means for conditional fee agreements
The judgement in Hirachand v Hirachand & Another [2024] UKSC 43 has led the court to make a ruling that success fees under ’no win, no fee’ agreements (also known as conditional fee agreements (CFA)) are not recoverable by persons bringing Inheritance (Provision for Family and Dependants) Act 1975 (1975 ...
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FeatureWill written on food box found valid
Rajinder Rai looks at the High Court decision regarding the estate of Malcolm Chenery, whose will was written on the back of two cardboard food boxes
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FeatureProperty, probate and insights for professional executors
Darren Leggett, co-founder of probate property experts and Law Society partner, PLG, shares why he believes that getting the right support can help the probate process run smoothly
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FeatureMorris v Morris and the issue of assisted dying
Rajinder Rai looks into the recent judgment in Morris v Morris
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Sponsored byHow potential inheritance tax changes call for greater care with will writing
With potential inheritance tax changes on the horizon, it’s never been more important to get will writing right. Doug Hargrove, of Law Society partner, the National Wills Register, explains
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FeatureDeveloping an intergenerational strategy
Stephen Moses of Law Society partner Zenplans outlines how to increase your client base with an intergenerational strategy
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FeatureRea v Rea and undue influence claims
Rajinder Rai examines the judgment in Rea v Rea, and the implications for claims of undue influence
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FeatureHow an investigator can support with contentious probate
Tony Imossi, of Law Society partner ABI, explains the benefit of using a professional investigator when dealing with a contentious will or trust
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FeatureIn the red: debts, insolvency and duties of personal representatives
As the cost-of-living crisis and talks of another recession increasingly hit the headlines, Roman Kubiak, partner and head of the Contested Wills, Trusts and Estates team at Hugh James, and Emily Peacock, trainee solicitor, discuss the thorny topic of debts, insolvency and the duties of personal representatives.
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FeatureA will to deceive
Lesley King looks at the recent case of Re estate of McDonald [2022] EWHC 2405 (Ch), which involved removing an executor
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FeatureNo provisions offered for estranged widow despite will and long marriage
Roman Kubiak, partner and head of contested wills, trusts and estates at Hugh James, and Meg Edwards, trainee solicitor, discuss the recent decision in Ramus v Holt & Ors, where the High Court dismissed a wife’s claim for financial provision from her husband’s estate despite their long marriage.
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FeatureManual updates: HMRC Trust Registration Service Manual
Lesley King comments on HMRCs latest updates to the Trust Registration Manual and highlights the areas particularly relevant for private client practitioners and where the new updates fall short.
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FeatureTrusted professionals: Re Townsend [2022] EWCA Civ 880
Roman Kubiak analyses a recent case where a trustee charged a monthly fee for her services over a 12-year period, leading the Court of Appeal to confirm that non-trust professionals can only be remunerated for trust administration work undertaken within the course of their specific profession
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FeaturePrivate client round-up: CFO interest rates, HMCTS letter and lost wills
Lesley King considers the recent hot topic issues in the private sphere including the interest rates increase for the Courts Fund Office, submission of a IHT400 and a recent case on lost wills.
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Feature“Gesture” for a good will
Roman Kubiak and Emily Peacock discuss a recent case in which the High Court admitted a copy of a deceased’s will found on their computer to probate.
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FeatureThe 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.