All Private Client Solicitors articles – Page 55
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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?
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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.