Recent articles – Page 3
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Analysis
Be reasonable: estate admin fees and financial provision for cohabitants
This month, Roman Kubiak looks at a case where beneficiaries of an estate challenged the reasonableness of fees incurred by executors in instructing two different firms, and a recent claim by an elderly cohabitee for reasonable financial provision who was awarded an outright transfer of property and capital lump sum.
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Feature
Back to Basics: Annual tax compliance in probate cases
Simon Leney and Jane Hodge look at final lifetime income and capital gains tax returns and estate returns
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Feature
Don't get in the red
Richard Dew explains the complexities of administrating insolvent estates
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Feature
Do it yourself
Ian Bond provides an update on the Ministry of Justice’s plans for digitising applications for grants of representation
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Feature
Managing a missing person's financial affairs
The Guardianship (Missing Persons) Act 2017 Act received royal assent in April, establishing a new legal mechanism to deal with the property and financial affairs of a missing person. Lesley King looks in greater depth at the provisions within the act.
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New habits
Philip Giles explains how private client, property and family departments can best work together when advising co-habitees
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Screen savers
In an ever-changing digital world, it is becoming increasingly important to make arrangements for the future protection of digital assets, including online accounts. Nick Wenban-Smith provides a practical guide
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News
Variation on a theme
Lesley King rounds up the latest developments in the world of private client, including an application under the Variation of Trusts Act, and a will in favour of a long-term carer being overturned by disappointed relatives.
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Feature
Using mediation to resolve private client disputes
Leading commercial mediator Andrew Hildebrand explains how mediation can be used effectively to manage private client disputes
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Feature
The line of duty
The new higher stamp duty land tax rate for additional properties came into effect on 1 April 2016. Nigel Popplewell outlines how the changes apply to purchasers, including companies, trustees, and those with existing inherited property
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Analysis
The biggest contentious probate cases of 2016 so far
Roman Kubiak, partner at Hugh James, takes a look at some of the most notable cases in the contentious trusts and probate field over the last few months.
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Analysis
Costs of trust litigation: Blades v Isaac & Alexander
Lesley King discusses Blades v Isaac & Alexander [2016] EWHC 601 (Ch), which raises some some interesting points on the role of executors and trustees of discretionary trusts.
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Feature
Variation on a theme
If a will is not fit for purpose or the estate could have been disposed of more efficiently from a tax point of view, all is not lost. It is possible to vary the disposition of an estate. Georgia Bedworth explains
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Feature
Back to Basics: Managing stocks and shares as part of an estate
Practitioners face a number of issues when dealing with an estate that contains portfolios of stocks and shares. It’s important to have a good understanding of how you can help clients plan before death, and deal with shares as part of the administration of an estate after death. Christopher Ekisson ...
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Feature
Line of duty
Charles Holbech discusses some recent cases that provide useful guidance on the scope of trustees’ duties
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Feature
Casing the joints
Julia Hardy and Fiona Lawrence explain the issues around joint bank accounts after one of the account-holders dies
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Feature
Capital thinking
Tax changes applying since April 2014 have created new opportunities and pitfalls for those buying and selling commercial property. Ray Chidell and Jake Iles explain
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Feature
Back to basics: Trusts of land
Andrew Skelly discusses the law relating to trusts of land, the Trusts of Land and Appointment of Trustees Act 1996, and the implications of the recent case of Bagum v Hafiz and Hai on the court’s powers to order sale of land from one joint owner to another.
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Feature
Freedom come?
Succession planning where other European countries are involved is rarely straightforward. Alberto Perez Cedillo explains how the Brussels IV Regulation, now in force, aims to simplify matters, and outlines its key provisions.
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