All Private Client Solicitors articles – Page 52
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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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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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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
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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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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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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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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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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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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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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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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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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?