All Private Client Solicitors articles – Page 48
-
OpinionAll is forfeit
Simon Leney looks at the implications of the Forfeiture Act for mercy killings
-
AnalysisFrustrated wills: it's all about interpretation
Lesley King examines two recent cases in which the High Court considered errors made in the drafting of wills. In the light of the House of Lords’ decision on interpretation in Marley v Rawlings, will the courts now take a more relaxed view?
-
FeatureSwiss watch
The trend towards tax transparency continues, with a new global standard for the exchange of information between tax authorities, just a year after the end of Swiss banking secrecy. David Searle explains what it means for clients with assets abroad
-
-
FeatureRight of reply
Rachel Rothwell reports on a recent Justice Committee evidence session on the work of the Court of Protection, in which Sir James Munby answered questions on court transparency, moves towards regionalism in the court, and the role of the Official Solicitor
-
-
FeatureTrust no one
Filippo Noseda presents a personal perspective on why the EU’s plans on the registration of trusts take the wrong approach, and the significant impact they could have on privacy for EU citizens
-
-
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 ...
-
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
-
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
-
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
-
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
-
-
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
-
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.
-
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.
-
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.
-
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.