All Private Client Solicitors articles – Page 48
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NewsFirst firms accredited for WIQS
The Law Society has accredited the first group of law firms to its new Wills and Inheritance Quality Scheme (WIQS). So far, more than 40 firms have been accredited, with this number increasing as applications are processed by the Law Society. The scheme, which opened for applications last October, is ...
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FeatureBack to basics 31: Family home-sharing
Timothy Gibbons considers the legal positions of inter-generational home-sharers, to identify the possible dangers and disadvantages of home-sharing, the extent to which these issues can be overcome by professional advice, and the value of various kinds of legal arrangement
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AnalysisCan the court order rectification without determining a mistake?
Lesley King analyses two cases which emphasise the importance of cautious will drafting to avoid problems further down the line.
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Analysis
Catling v Catling
A contentious probate case brought by the seven eldest children of the late testator, who challenged the validity of her alleged last will, which purported to leave her entire estate to the first defendant, her eighth and youngest son.
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Analysis
Kevern v Ayres
The High Court considered whether it could order rectification of a deed without determining whether there had been a mistake.
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Analysis
Re Nicholas Christou (Deceased)
A challenge to a will on the basis that it was a forged document, and that the testator did not understand fully and approve its contents.
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Analysis
Great Western Hospitals NHS Foundation Trust v AA
The High Court granted permission for the Trust to carry out a Caesarean section on a woman suffering from bipolar disorder.
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Analysis
IM v LM and others
The Court of Appeal held that the test for determining whether a person enjoyed capacity to marry or experience sexual relations included an evaluation of the person’s ability to use relevant information.
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AnalysisSpotlight: Blankley v Central Manchester & Manchester Children’s University Hospitals NHS Trust
Is a solicitor’s retainer automatically terminated if their client loses mental capacity during the course of the retainer?
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AnalysisSpotlight: Marley v Rawlings
Supreme Court overturns Court of Appeal decision and holds that a mirror will signed by the wrong spouse can be rectified.
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AnalysisCancelling contracts made in the home
Lesley King explains why law firms must tread carefully when handling contracts entered into as part of a solicited home visit to a client.
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Analysis
RGB v Cwm Taf Health Board and others
The husband of a woman with Alzheimer’s disease applied for declarations that the defendant health board acted unlawfully in depriving him and/or his wife of a right to family life.
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Analysis
Markou and other v Goodwin and others
High Court considered whether the deceased, who suffered from underlying dementia, had had testamentary capacity to execute a will in favour of a defendant who was not a relative.
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Analysis
TA v AA (by his Litigation friend, the Official Solicitor)
Application for appeal against the dismissal of an application under section 21A, Mental Capacity Act 2005.
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OpinionNew year, old values
In an increasingly commercialised world, the traditional values of professionalism seem less and less appreciated. Which makes them all the more important for solicitors in a liberalised market, says Simon Leney, Private Client Section chair
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FeatureStandard questions
Bryn Hughes explains how setting a quality standard can help consumers – who already rate specialism and experience over cost when purchasing legal services – to make a more informed choice of provider
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FeatureIrish origin
For solicitors acting on a UK-based estate which includes Irish assets, Maria Lakes explains what is needed to complete the detailed and sometimes lengthy process of obtaining an Irish grant to deal with these assets