Latest features – Page 5
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FeatureManaging 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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FeatureContentious 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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FeatureContentious 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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NewsThe 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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FeatureIlott, 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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NewsThe Fourth Anti–Money Laundering Directive ((EU) 2015/849)
Lesley King provides commentary on the impact of 4ALMD on practitioners.
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AnalysisSurvivorship 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 studiesContentious 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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AnalysisContentious 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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AnalysisLay 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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NewsVariation 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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AnalysisThe 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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AnalysisContentious 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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AnalysisContentious 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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AnalysisRNRB 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 ...
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FeatureUsing mediation to resolve private client disputes
Leading commercial mediator Andrew Hildebrand explains how mediation can be used effectively to manage private client disputes
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AnalysisExtending the DOTAS regime to inheritance tax - the next chapter
Lesley King comments on HMRC’s long-awaited follow-up to last year’s consultation on the extension to DOTAS to inheritance tax
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AnalysisThe biggest contentious probate cases of 2016 so far
Roman Kubiak, partner 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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AnalysisCosts of trust litigation: Blades v Isaac & Alexander
Lesley King discusses Blades v Isaac & Alexander [2016] EWHC 601 (Ch), which raises some some interesting points on the role of executors and trustees of discretionary trusts.
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AnalysisGoing it alone
Lesley discusses a recent First-tier Tribunal which saw executors who had chosen to administer an estate without professional advice left with personal liability for an income tax bill that they were unable to settle from the estate