All Private Client Solicitors articles – Page 47
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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
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NewsLooking for a will?
If you are looking for a missing will, the first port of call will probably be local solicitors or law society. However, if the firm holding the will has been subject to an intervention by the Solicitors Regulation Authority (SRA), its closed files will be stored by the SRA. The ...
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News
New offence of ill-treatment
Following the Francis Report, which was the final report of the Mid Staffordshire NHS Foundation Trust Public Inquiry, the Department of Health has accepted the recommendation of the National Advisory Group on the Safety of Patients in England to develop a new criminal offence of ill-treatment or wilful neglect. This ...
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FeatureGiving pause
Simon Edwards and Fenella Morris examine some recent cases around gifts made from the estate of a person without mental capacity, and consider the thorny question of gifts where ‘P’ has and had no comprehension of giving
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FeatureSecuring the future
For clients who have disabled children, one of their main priorities will be supporting their children financially after their death. Daniel Sheridan outlines the options, including wills and trusts, and their implications for tax and benefits
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FeatureTime is of the essence
In the recent case of Berger v Berger, the Court of Appeal examined afresh the issue of family provision claims brought out of time, in a judgment that also contains lessons for those advising elderly clients with life interests under a will. Nichola Phillipson reports
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FeatureWealth of advice
Rohan Armes explores the role of an investment manager in giving life to a financial settlement after a divorce, and explains the factors that must be considered when investing a lump sum settlement