Recent Features and Opinion – Page 4
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FeatureBack to basics: Drafting wills for overseas jurisdictions
Daniel Harris recaps the main legal issues affecting the writing of wills to cover cross-border assets
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FeaturePlenary: Changing times
At the Private Client Section conference, Lesley King provided her annual update following a very busy year for private client law and practice, covering developments around data protection, trusts and ISAs
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FeatureBack to basics: Deeds of variation and disclaimers
Deeds of variation and disclaimers can prove useful tools to redirect dispositions in a will. Angharad Lynn reviews the basics
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FeatureIt begins at home?
Building trust with charity legacy professionals, better Law Society leadership and tackling will-making misconceptions are all needed to encourage solicitors to discuss charitable giving with clients, according to a roundtable led by the Private Client Section. Duncan Wood reports
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FeatureArtistic legacy
The estates of artists, writers and other creative people throw up many issues, from the division of rights to preserving their reputation after death. Helen Citron and Robert Craig describe how the will-drafter can play a crucial role in ensuring things go smoothly
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FeatureUnder the influence
The Law Commission’s recent proposals for electronic wills in its consultation on wills reform made the headlines. Chris Gambs argues the commission’s recommendations on reforming the law on undue influence are far more significant – and have a better chance of being implemented
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FeatureChanging the channel
The law relating to mental capacity in Jersey is set for a shake-up in April, when a new act comes into force to assist those who no longer have capacity to deal with their affairs. Victoria Grogan runs through the legislation’s talking points
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FeatureA case of mutual wills
Lesley King discusses mutual wills and Legg v Burton v Burton [2017] EWHC 2088 (Ch).
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FeatureDo 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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FeatureWhere there’s a will
A public consultation by the Law Commission is a welcome step towards updating our will-making laws to keep them fit for purpose in the 21st century, says Henrietta Mason. She reflects on two key areas of the consultation: formality and testamentary capacity
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FeatureThe final chapter
The Court of Appeal’s decision to increase the inheritance awarded to the claimant in Ilott v Mitson has been overturned by the Supreme Court. Penelope Reed KC and Hugh Cumber, who acted for the defendant charities, assess the judgment’s implications for testators
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FeatureNot over yet
The government may have dropped its planned hike in probate fees, but Gary Rycroft suspects it is not the last we’ll hear of the proposals
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FeatureNew habits
Philip Giles explains how private client, property and family departments can best work together when advising co-habitees
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FeatureGive a little
Legacy giving is increasingly important to charities, but only 6.3 per cent of the population leaves a charitable will. Research by Remember A Charity offers useful insights into how solicitors can promote charitable giving to clients, says Rob Cope
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Feature
Private Client Section annual conference 2016: Workshops
At the Private Client Section annual conference 2016, delegates could choose from six workshops, covering the Inheritance Act; asset protection and the pitfalls of co-ownership; digital assets; pensions; elderly client issues; and succession planning for business clients
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FeatureKey to succession
At the Private Client Section annual conference, Lesley King provided an update on recent developments in private client, focusing on the EU Succession Regulation, the residence nil-rate band, proprietary estoppel and equitable rescission
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FeatureDrawing interest
In the first of a series of articles focusing on common errors in private client work, Robert Marshall looks at how to avoid the pitfalls involved in drafting life interest trusts in wills
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FeatureUsing 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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OpinionHere comes trouble
Government plans to raise probate fees is the latest move to ‘reform’ private client law. Such meddling can only lead to more problems, argues Gary Rycroft
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FeatureWilling and able?
Constance McDonnell looks at the complexities of assessing testamentary capacity remotely, including in online will-making, and whether solicitors should proceed with an instruction if there is uncertainty as to capacity