All Private Client Solicitors articles – Page 54
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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
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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
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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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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