Latest features – Page 2
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FeatureSevering a joint tenancy without notice
Roman Kubiak discusses the recent decision of Dunbabin v. Dunbabin [2022] EWHC 241(Ch), in which the court found that a joint tenancy had been severed despite the absence of a notice.
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FeaturePredatory marriages and protecting the vulnerable
Roman Kubiak looks at the recent Court of Protection decision in Re BU [2021] EWCOP54, an application brought by BU’s family in an effort to protect a vulnerable person from contacting a man who they feared would force her to marry him.
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FeatureAccelerated payment of CGT on residential property
Lesley King summarises HMRC’s updated guidance on using a UK Property Account for payment of Capital Gains Tax, and what this means for trustees and personal representatives.
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FeatureCryptoassets – worth the tax risk?
Although there is an increasing awareness of cryptocurrencies, many remain unaware of how these assets are taxed. Stuart Adams and Paul Noble explain the steps HMRC have taken to tax cryptoassets and the challenges this presents investors.
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FeatureNew excepted estates regulations
Lesley King details excepted estate regulations that come into force in the new year, and the various tax implications that they have.
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FeatureAward for success
Roman Kubiak discusses recent judgments where success fees have been awarded to a claimant under the Inheritance (Provision for Family and Dependants) Act 1975, and how “moral claims” to estates are evidenced.
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FeatureThe royal seal
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.
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FeatureStaking a disclaim
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.
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FeatureInheritance: the conversations we’re still not having
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.
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FeatureNo shopping around!
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”.
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FeatureTestamentary capacity and insane delusions
Lesley King discusses how testamentary capacity is tested during contentious probate, and what is meant by ”insane delusions”.
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FeatureRokkan a hard place
Roman Kubiak discusses an interesting probate case in which the surviving spouse circumvented Norwegian succession rules after acquiring Anglo-Welsh domicile.
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FeatureClash of the trustees - removing a trustee with competing interests
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”.
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FeatureRectification of post-death variations: check and re-check
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.
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FeatureGuidance for deputies: Hourly rates
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
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FeatureOvercoming the burden of administration in death
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
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FeatureGuidance for deputies: Instructing your own firm post-Re ACC
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.
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FeatureGuideline hourly rates again under the microscope
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.
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FeatureFor names’ sake! Naming charities in wills
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).