Recent Features and Opinion – Page 3
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FeatureRectifying the situation
Lesley King reviews a new title on the construction and rectification of wills and trust instruments
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FeatureUnlawful killing: applying the forfeiture rule
Lesley King looks at the rare cases practitioners may encounter when the court considers granting relief from the forfeiture rule after an unlawful killing.
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FeatureHigh Court awards claimant success fee in Inheritance Act claim
Roman Kubiak looks at a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act) where the sum awarded by given by the court included a payment towards the claimant’s success fee.
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FeatureNew probate forms: what do I need to do?
As of Monday 18 May, the probate registries will only accept paper probate applications on the new standard application forms. Chris Claxton-Shirley of Tees Law explains what you need to know.
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FeatureWills in a time of social distancing and self-isolation
Social distancing and self-isolation, coupled with the sudden increase in demand for wills and lasting powers of attorney (LPAs), are presenting unique challenges for private client practitioners. Lesley King and Roman Kubiak consider how to tackle these issues – at a safe distance.
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FeatureMissing: date of presumed death
When someone goes missing and is never found, the date of their presumed death can impact who inherits their property. Lesley King considers the issues that can arise.
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FeatureAccidental interests in possession
Lesley King considers why it’s important to think through the inheritance tax consequences of giving a right to occupy.
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FeatureCharity case
Maria King discusses common will-drafting pitfalls with charitable gifts, and provides practical tips to avoid them
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FeatureMistakes and money-laundering
Lesley King comments on a case where a trust beneficiary’s right to income was rescinded on the basis of mistake, and on the government’s consultation on implementing the Fifth Anti-Money Laundering Directive.
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FeatureWorkshop: Contentious probate update
Delegates at the conference could choose between five workshops, run twice over the course of the day. William Moffett recaps his key contentious probate cases from 2019
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FeatureIn a bind: drafting deadlines for conditional gifts in a will
Lesley King comments on a case where the time to comply with the condition of a will expired before the beneficiaries were aware of it – and on Scarle v Scarle, which dealt with deaths in uncertain order.
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FeatureSuccession planning
Nicole Gallop Mildon and Álvaro Aznar Azcárate discuss the European succession certificate, introduced by the Brussels IV Regulation, which allows for the member state with jurisdiction over succession to confirm the status of heirs and executors. What do you need to know, and what problems might it pose?
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FeatureThe write approach
Alexandra Rogers and Robert Marshall present a best practice guide to free-drafting documents yourself
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FeatureProbate fees and civil partnerships
In something of a mixed bag this month, Lesley King comments on the introduction of civil partnerships for opposite-sex couples and the latest news on probate fees.
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FeatureOut of time: claims under the Inheritance Act
Lesley King comments on Cowan v Foreman and ors [2019] EWHC 349 Fam, and looks at what the case means for both contentious and non-contentious probate practitioners.
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FeatureWriting wrongs
Daphne Perry offers some simple writing techniques to improve client service and business returns
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FeatureProtect and serve
The GDPR aims to give the individual control over their personal data. So what happens when a beneficiary to a will or trust asks for disclosure of their data? Craig Ward considers what you can do, as a trustee or executor, to remain compliant but maintain client confidentiality
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FeatureA stealthy new year: probate fees
Lesley King comments on recent developments in the private client sector, such as the controversial increase in probate fees and new wording for grant applications.
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FeatureShock of the new
The business of death is changing, as technology alters the way people are living their lives. How long before blockchain technology, e-signatures and chatbots become common on the private client stage? What else is waiting in the wings? Grania Langdon-Down investigates