Recent Features and Opinion – Page 5
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FeatureVariation 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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FeatureCasing 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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FeatureContentious probate case law update
As the dust settles on 2015, Roman Kubiak takes a look at some of the most notable recent cases in the contentious trusts and probate field
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FeatureFit for a king?
In the year that Magna Carta celebrates its 800th anniversary, Patricia Wass takes a look at King John’s will and considers how it compares with wills, and the private client practitioner’s role, in the modern day.
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FeaturePreserve and protect
The Ilott v Mitson judgment has cast doubt on the validity of charitable legacies: is it even worth making a will if it is capable of being ‘rewritten’ by the court? Chris Millward gives the charity sector’s perspective on the Court of Appeal’s verdict.
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FeatureKeep it in the family
Miranda Allardice and Alexander Drapkin discuss the provision for adult children post-Ilott v Mitson and offer some practical ways to reduce the prospects of a successful claim for provision for family and dependants.
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FeatureFreedom 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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FeatureCommunity caring
Jan Garrill explains the role of community foundations in lifetime and legacy giving, and how solicitors and foundations can work together to ensure the solution chosen is the most appropriate for clients and their families
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FeatureForeign affair
Foreign-domiciled individuals or foreign assets can complicate estate administration. David King discusses the issues that come into play in these scenarios when ascertaining the validity of a will and the right of a person to take out the grant of probate
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FeatureSweet charity
The distinction between an individual and a charity as a beneficiary in an estate has not always been understood or appreciated by solicitors. But, as Chrissie Paphitis explains, a more collaborative relationship between solicitors and legacy managers is emerging
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FeatureReady and willing
Will-writing and estate administration offer steady income for firms, but the risks of exposure to negligence claims have discouraged many from this work. Mark Baxter offers a best practice guide to avoiding these risks and safely pursuing this profitable source of revenue
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FeatureGaining currency
Digital assets are an increasingly commonplace reality of will-drafting, but one type with which practitioners may be less familiar is the cryptocurrency, such as Bitcoin. Ian Bond and Lucy Obrey explain what solicitors need to know about this emerging trend
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FeatureAll that glitters
Simon Taube QC examines the conflict between the ‘golden rule’ and the solicitor’s duty to execute the will in a reasonable time
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FeatureStep change
The increase in divorce and resulting complex family structures is raising a new issue for will- writing and estate planning: providing for step-children. Fay Copeland and Caroline Cook examine the issues and solutions
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FeatureLeft behind
The Presumption of Death Act came into force on 1 October 2014, allowing the family of a missing person to settle their estate and dissolve a marriage or civil partnership. Sarah Young explains the process
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FeatureAnnual Conference 2014: Contentious inheritance issues
In this workshop, Miranda Allardice examined recent probate and negligence case law, with reference to best practice guidance in the Law Society’s Wills and Inheritance Protocol.
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FeatureAnnual Conference 2014: Marley and me
At the Private Client Section annual conference, Lesley King provided an update on the recent high profile case of Marley v Rawlings and its effects in practice, including on other recent cases
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FeaturePower to the people
The Inheritance and Trustees’ Powers Act 2014, expected to come into force next month, represents one of the most significant changes to intestacy and family provision law in a generation. Elizabeth Cooke and Spencer Clarke explain what it will mean in practice