All Private Client Solicitors articles – Page 12
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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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FAQLibrary FAQ: Attestation clauses for wills
The Law Society Library gives details of sources of precedents for attestation clauses for wills.
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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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FeatureSimply topping
Fiona Heald presents a guide to the sometimes complex rules around third-party top-up fees for care payments
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OpinionShoots of spring
It’s been a long, dark January. But Kate Mahon is optimistic for the future
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FeatureTrust the process
Kirsten Franklin presents a back-to-basics guide on running trusts, and the compliance aspects to be aware of
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FeatureSwift justice
Swift v Carpenter provides welcome guidance for injury claimants who need to purchase more expensive property, says Laura Scantlebury
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FeatureLasting impressions
Alberto Perez Cedillo looks at the equivalents to lasting powers of attorney across the world
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FeatureSafe from harm
Sophie O’Connell explores some of the ways deputies and attorneys can protect clients from financial fraud. Rick Kent then provides practical tips and advice on how your firm can protect itself and its clients from cybercrime
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FeatureGain in Spain?
Álvaro Aznar Azcárate looks at estate planning for clients with assets in Spain – specifically, the pros and cons of having either one UK worldwide will, or a separate will for the Spanish assets
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FeatureTaxing disposals
In April 2020, the rules for paying capital gains tax on the sale of UK residential property changed, with the tax becoming payable upfront. Paul Saunders explains some of the ways it affects personal representatives and trustees
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FeatureKeeping close
How can you ensure that your trainees learn relevant skills, now that working from home has largely replaced previously office-based activities? Fiona du Feu explains how you can overcome the practical difficulties as much as you can
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FeatureCharity case
Recent research has shown that charitable gifts in wills have increased by over 50% since the pandemic, and a legacy boom in the coming years is also expected. Katherine Ellis explains how you can ensure charitable gifts are made correctly in wills, and how private client solicitors can help promote ...
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FeatureBook review: Doing the deed
Gareth Marland reviews the latest release by Professor Lesley King on varying the distribution of an estate after death
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FeatureA shot in the arm
While the announcement of three COVID-19 vaccines has been celebrated across the world, there are many considerations for attorneys and deputies to consider for people who lack mental capacity to consent to be vaccinated. Craig Ward explains
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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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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