Legal commentary – Page 2
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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).
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FeatureWhat’s outstanding on your DAC6 action list? The deadlines are nigh!
Carol Katz explains the DAC6 regulations and how to comply with them.
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FeatureAccelerated payment of capital gains tax on residential land
Since 6 April 2020, report and payment for capital gains tax on residential land must be made within 30 days of completion. Lesley King looks at the rules that trustees and personal representatives need to follow.
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FeatureUplifting hourly rates for Court of Protection assessments
Roman Kubiak looks at the recent decision in the linked cases of PLK & Ors, in which the Senior Courts Costs Office assessed the costs in four cases at 20% above the guideline hourly rates.
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FeatureWill-wrangling – exceptions not rules in Wrangle v Brunt
Roman Kubiak looks at a recent High Court decision which approved the validity of a will signed, at the testator’s direction, by his attorney – and which ordered the deceased’s estate to pay the costs for both parties.
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FeatureTrust issues: witnessing wills and changes to the Trusts Register
Lesley King considers the recent changes to the Trusts Register and a legislation update, validating wills made via videoconference since 31 January 2020.
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FeatureUnlawful killing: applying the forfeiture rule
Lesley King looks at the rare cases practitioners may encounter when the court considers granting relief from the forfeiture rule after an unlawful killing.
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FeatureHigh Court awards claimant success fee in Inheritance Act claim
Roman Kubiak looks at a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act) where the sum awarded by given by the court included a payment towards the claimant’s success fee.
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FeatureWills in a time of social distancing and self-isolation
Social distancing and self-isolation, coupled with the sudden increase in demand for wills and lasting powers of attorney (LPAs), are presenting unique challenges for private client practitioners. Lesley King and Roman Kubiak consider how to tackle these issues – at a safe distance.
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FeatureMissing: date of presumed death
When someone goes missing and is never found, the date of their presumed death can impact who inherits their property. Lesley King considers the issues that can arise.