Recent Features and Opinion – Page 2
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FeatureThe importance of distinguishing funds
Lesley King discusses the recent case of Batt v Boswell: where confusion over trust and personal money led to a family dispute between two siblings following the death of their parents.
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FeatureSevering a joint tenancy without notice
Roman Kubiak discusses the recent decision of Dunbabin v. Dunbabin [2022] EWHC 241(Ch), in which the court found that a joint tenancy had been severed despite the absence of a notice.
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FeatureVersus predator
The risk of vulnerable parties entering into a predatory marriage is gaining increasing attention, both in the press and in the legal profession. Bethan Byrne and Sheena Cassidy Hope explore how new protections can be achieved through changes in the law
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FeatureNew excepted estates regulations
Lesley King details excepted estate regulations that come into force in the new year, and the various tax implications that they have.
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FeatureAward for success
Roman Kubiak discusses recent judgments where success fees have been awarded to a claimant under the Inheritance (Provision for Family and Dependants) Act 1975, and how “moral claims” to estates are evidenced.
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FeatureThe royal seal
Following the news that Prince Philip’s will is to be sealed from the public for 90 years, Roman Kubiak looks at the legal mechanisms behind this and queries whether wills should be made public at all.
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FeatureInstruction manual
At the conference, Lesley King spoke on wills and deeds of variations, the importance of documenting discussions with clients, and differences between variations and disclaimers
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FeatureThe good will
Charitable gifts in wills often have vital roles in estate planning. Katherine Ellis takes a closer look at charitable legacies, the inheritance tax options available pre- and post-death, and the benefits of each for charities and personal beneficiaries
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FeatureRoot of the issue
Stuart Adams explains why will writers who overlook section 33 of the Wills Act 1837 do so at their peril
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FeatureInheritance: the conversations we’re still not having
Although no one enjoys talking about it, there is no ‘right’ age to start planning for probate, says Steve Gauke, business development director at Ampla Finance. Here’s why the conversation should start today.
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FeatureCharity case
Recent research has shown that charitable gifts in wills have increased by over 50% since the pandemic, and a legacy boom in the coming years is also expected. Katherine Ellis explains how you can ensure charitable gifts are made correctly in wills, and how private client solicitors can help promote ...
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FeatureGuideline hourly rates again under the microscope
Roman Kubiak looks at the recent decision in Cohen v Fine and others [2020] EWHC 3278 (Ch), an appeal from a first-instance decision in which the High Court proposed an increase to the guideline hourly rates.
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FeatureFor names’ sake! Naming charities in wills
Inaccurate beneficiary names in wills can cause all sorts of problems. Lesley King reviews a recent example in Knipe v British Racing Drivers’ Motor Sport Charity and others [2020] EWHC 3295 (Ch).
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FeatureExecutor stress
Coronavirus has emphasised the need to review farm wills, consider the key role of the executors, and understand the complexity of marginal inheritance tax reliefs, argue Julie Butler and Fred Butler. There are also new capital gain tax rules to grapple with
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FeatureMutual interest
You may think mutual wills are a dusty relic from the past that most solicitors don’t need to worry about. Think again – Stephanie Parish has encountered more than half a dozen this year alone. Here, she presents a guide on what mutual wills are and the pitfalls to avoid
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FeatureUplifting hourly rates for Court of Protection assessments
Roman Kubiak looks at the recent decision in the linked cases of PLK & Ors, in which the Senior Courts Costs Office assessed the costs in four cases at 20% above the guideline hourly rates.
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FeatureWill-wrangling – exceptions not rules in Wrangle v Brunt
Roman Kubiak looks at a recent High Court decision which approved the validity of a will signed, at the testator’s direction, by his attorney – and which ordered the deceased’s estate to pay the costs for both parties.
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FeatureTrust issues: witnessing wills and changes to the Trusts Register
Lesley King considers the recent changes to the Trusts Register and a legislation update, validating wills made via videoconference since 31 January 2020.
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FeatureLife story
A married couple comes to you looking to draw up their wills. Hayley Seddon and Russell Kaminski look at what you need to ask and advise them, and how a simple instruction can be far more complex and interesting than it seems
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FeatureBack to basics: Wills, trusts and care home fees
Fiona Heald reviews the basics on wills, estate planning and the problem of care home fees.