Legal commentary – Page 4
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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.
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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.