Legal commentary – Page 3
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FeatureAccidental interests in possession
Lesley King considers why it’s important to think through the inheritance tax consequences of giving a right to occupy.
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FeatureMistakes and money-laundering
Lesley King comments on a case where a trust beneficiary’s right to income was rescinded on the basis of mistake, and on the government’s consultation on implementing the Fifth Anti-Money Laundering Directive.
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AnalysisScarle v Scarle: High Court upholds commorientes rule
Roman Kubiak and Oliver Black take a closer look at Scarle v Scarle, in which it was unclear which of a couple had died first and where the High Court recently upheld the commorientes rule.
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FeatureIn a bind: drafting deadlines for conditional gifts in a will
Lesley King comments on a case where the time to comply with the condition of a will expired before the beneficiaries were aware of it – and on Scarle v Scarle, which dealt with deaths in uncertain order.
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FeatureMaking a lasting power of attorney – getting it right first time
Laura Crouch and Shahzad Aziz from the Office of the Public Guardian offer top tips to speed up the process of setting up a lasting power of attorney.
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FeaturePPI: my firm’s approach
Ian Bond discusses the steps his firm has taken ahead of the 29 August deadline for payment protection insurance claims.
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FeaturePayment protection insurance and private client practitioners
The cut-off date for payment protection insurance claims is 29 August 2019. Lesley King looks at what this means for private client practitioners
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FeatureProbate fees and civil partnerships
In something of a mixed bag this month, Lesley King comments on the introduction of civil partnerships for opposite-sex couples and the latest news on probate fees.
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AnalysisRelief: when is it merited?
Roman Kubiak comments on an assisted suicide case where a widow was granted relief against the forfeiture rule, and a case in which another widow was refused relief to bring a claim for financial provision out of time.
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FeatureOut of time: claims under the Inheritance Act
Lesley King comments on Cowan v Foreman and ors [2019] EWHC 349 Fam, and looks at what the case means for both contentious and non-contentious probate practitioners.
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FeatureA stealthy new year: probate fees
Lesley King comments on recent developments in the private client sector, such as the controversial increase in probate fees and new wording for grant applications.
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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.