All articles by Lesley King
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FeatureBilling time
What happens when an executor allows for payment of bills which the beneficiaries will be responsible for? Lesley King looks at the law and case examples from this year
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FeatureFamily matters
Professor Lesley King looks at recent cases involving the Inheritance (Provision for Family and Dependants) Act 1975 and identifies common threads for non-contentious practitioners
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FeatureA will to deceive
Lesley King looks at the recent case of Re estate of McDonald [2022] EWHC 2405 (Ch), which involved removing an executor
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FeatureRead all about it
Lesley King gave conference attendees a round-up of recent developments in the private client sector including the Trust Register, naming beneficiaries in wills and key cases relating to trusts
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FeatureManual updates: HMRC Trust Registration Service Manual
Lesley King comments on HMRCs latest updates to the Trust Registration Manual and highlights the areas particularly relevant for private client practitioners and where the new updates fall short.
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FeaturePrivate client round-up: CFO interest rates, HMCTS letter and lost wills
Lesley King considers the recent hot topic issues in the private sphere including the interest rates increase for the Courts Fund Office, submission of a IHT400 and a recent case on lost wills.
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FeatureThe importance of distinguishing funds
Lesley King discusses the recent case of Batt v Boswell: where confusion over trust and personal money led to a family dispute between two siblings following the death of their parents.
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FeatureAccelerated payment of CGT on residential property
Lesley King summarises HMRC’s updated guidance on using a UK Property Account for payment of Capital Gains Tax, and what this means for trustees and personal representatives.
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FeatureNew excepted estates regulations
Lesley King details excepted estate regulations that come into force in the new year, and the various tax implications that they have.
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FeatureStaking a disclaim
Lesley King analyses whether members of a discretionary class can disclaim their interest in settled property and looks at a recent case to see how this has worked in practice.
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FeatureInstruction manual
At the conference, Lesley King spoke on wills and deeds of variations, the importance of documenting discussions with clients, and differences between variations and disclaimers
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FeatureBack to Basics: Inheritance tax and partially exempt estates
Lesley King explains how to get the calculations right for inheritance tax due on partially exempt estates
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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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FeatureStamp it out
Lesley King unpicks the myriad of stamp duty land tax issues for trustees and beneficiaries
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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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FeatureBack to Basics: Liabilities in estate administration
Lesley King looks at the rules governing payment of debts and liabilities during the administration of estates, including a number of example scenarios and relevant case law.
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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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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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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.