All Private Client Solicitors articles – Page 45
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News
Governance review update
In his Comment for the March edition of PS, Private Client Section chair Simon Leney discussed the review, currently underway, of the relationship between the Law Society’s Section committees and the Society. The Law Society is committed to retaining and developing relationships with expert practitioners, so we can bring you ...
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FeatureIn your gift
As Will Aid celebrates its 25-year anniversary, Sue Davison looks at how the scheme helps solicitors to support their community, raise money for charity, and bring in new business
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FeatureFreedom flight
A recent Supreme Court decision on deprivation of liberty will have far-reaching practical implications and is likely to lead to a very significant increase in the number of applications to the Court of Protection for authorisation, writes Alex Ruck Keene
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FeatureBeyond borders
March this year saw the third Section conference on cross-border and international private client issues. Section committee member Alberto Perez Cedillo reports on our most successful event yet
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FeatureChannelling assets
Stephanie Setters and Barbara Lovell explain recent developments in inheritance laws on the Channel Island Bailiwick of Guernsey, which will be relevant to clients whose estates include assets in the jurisdiction
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FeatureBack to basics 32: Ins and outs of trust corporations
In recent years, trust corporations have gained in popularity within law firms. However, they remain somewhat a mystery to the general public and, indeed, to many practitioners. Holly Miéville-Hawkins dispels the myth of trust corporations and casts a light on their applicability in many types of practice
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Analysis
Simon v Byford
The claimant’s mother had died and left her estate in equal shares to her four children. The claimant had challenged the will on the basis that the mother had not had testamentary capacity.
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Analysis
Watts v Watts
The Chancery Division considered the validity of a will made by the testatrix while she was in hospital. The court held that, on the evidence, one of the witnesses to the will, a nurse, had been misled into signing it, and had not seen the testatrix sign it.
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Analysis
Burnard v Burnard
The Chancery Division considered the true construction of a will and determined what assets formed part of the deceased’s estate. Applying settled law, there appeared to be a powerful argument that there was a clerical error in naming the wrong company in the will.
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Analysis
Dunhill v Burgin
When deciding whether a person has or lacks the mental capacity to conduct legal proceedings on her own behalf, the capacity test has to be applied to proceedings as they should be brought.
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Analysis
Public Guardian v JM
The Public Guardian applied to the Court of Protection requesting the court to revoke and direct the cancellation of the registration of a Lasting Power of Attorney and to appoint a Panel Deputy instead.
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AnalysisInheritance claims by adult children: Court of Appeal throws out Illott v Mitson
Lesley King analyses the latest chapter in the long-running saga of Illott v Mitson concerning an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
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AnalysisSpotlight: Mehjoo v (1) Harben Barker (a firm), (2) Harben Barker Ltd
Court of Appeal overturns Mehjoo decision on tax advice.
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OpinionTimes are changing
Private Client Section chair Simon Leney looks at the changes in the air this Spring on a number of fronts: for clients, for solicitors, and for the Private Client Section itself
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FeatureNo more secrets
Patricia Wass looks at the impact of new guidance aimed at increasing transparency in the Court of Protection
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FeatureWorking together
Nichola Sims explains the extensive information that charities need from solicitors when a legacy is bequested to them, and provides a template letter drawn up by the Institute of Legacy Managememt to show solicitors what to expect from a charity’s first contact
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FeatureTrading places
A number of recent cases point to a worrying new trend by HM Revenue & Customs, whereby it assesses farms as investment rather than trading businesses – which do not therefore qualify for business property relief. Julie Butler explains what action farmers need to take
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FeatureStuck in the middle
Christine Green and Fiona Lawrence provide a first-hand account of how challenging the role of independent administrator can be, describing a recent case in which Christine was the court-appointed administrator led to make an application for directions due to one beneficiary’s conduct