Latest features – Page 4
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AnalysisUndue influence: what is sufficient legal advice?
Roman Kubiak considers two contentious probate cases: an attorney’s application to be appointed as substitute personal representative in place of a donor; and a property transfer set aside for presumed undue influence.
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AnalysisStrike and you’re out: contradictory probate claims
Roman Kubiak breaks down the complex case of Bhusate v Patel & Ors [2018] EWHC 2362 (Ch), in which the claimant suffered a heavy defeat after pleading contradictory alternative claims.
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FeatureLasting things first: transparency rules and LPAs
Lesley King comments on recent developments including the new transparency rules and guidance on lasting powers of attorney.
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AnalysisProbate update: misappropriate behaviour
Roman Kubiak discusses some more of the headline legal cases from last few months, including the misappropriation of a vulnerable person’s assets.
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AnalysisProbate update: Put an estoppel to that
Despite the summer break, it seems that the contentious trusts and probate world is as busy as ever. Roman Kubiak discusses some of the main cases to hit the legal headlines over the past few months.
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FeatureAll quiet on the estates front – relatively
August was, as always, comparatively quiet. Lesley King draws out a couple of points worth notice, including registration deadlines and a recent case where two minor children were awarded 11 per cent of their father’s estate.
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FeatureGDPR: I’ll try to keep it brief
You’re probably heartily sick of hearing about the GDPR, but it is undeniably relevant to trustees and personal representatives (PRs). Lesley King takes a closer look at some of the implications for private client practitioners.
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AnalysisPayne in the probate: witness signatures and unauthorised withdrawals
This month Roman Kubiak looks at an appeal where a will was upheld despite lacking witness signatures and a case where an attorney has been ordered to account for unauthorised payments from their father’s estate.
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AnalysisBe reasonable: estate admin fees and financial provision for cohabitants
This month, Roman Kubiak looks at a case where beneficiaries of an estate challenged the reasonableness of fees incurred by executors in instructing two different firms, and a recent claim by an elderly cohabitee for reasonable financial provision who was awarded an outright transfer of property and capital lump sum.
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FeatureNotifiable arrangements under DOTAS
Lesley King discusses the conditions which need to be met for notifiable arrangements.
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FeatureNew ISA and DOTAS regulations on the way
Lesley King dissects new regulations on ISAs and the disclosure of tax avoidance schemes.
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FeatureContentious probate update: Recovering trust property, establishing paternity, and testamentary capacity
This month, Roman Kubiak analyses Burnden Holdings v Fielding, Nield-Moir v Freeman and James v James.
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FeatureReasonable financial provision to fraudulent calumny – contentious probate update
This month Roman Kubiak analyses two cases upholding well publicised first instance contentious probate decisions.
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FeatureWills Act 1837, section 33: substitution of issue
Lesley King discusses section 33 of the Wills Act 1837.
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NewsKeeping wills shipshape and Bristol fashion
Roman Kubiak discusses the plight of mutual wills and will disputes following family rifts.
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NewsAutumn 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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FeatureDeciphering 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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FeatureA case of mutual wills
Lesley King discusses mutual wills and Legg v Burton v Burton [2017] EWHC 2088 (Ch).
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FeatureContentious 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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NewsContentious 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.