The Practical Lawyer

Wills, probate and administration

Trusts – conflicting clauses

The claimants – the two daughters of CP who died in March 2015, and his wife JP who died in July 2005 – executed a deed of settlement in respect of the property in 2005. The defendants were the first claimant’s husband and three sons, and the AG (representing charity).

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Procedure – professional executors

The Law Society has published practice guidance for solicitors – and all will writing practitioners – whose clients are considering appointing a professional executor in their wills. Potential executors must give clients enough information to make an informed decision about the appointment and its related costs.

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Wills – interpretation

The correct approach when interpreting an ambiguous will clause is essentially the same as interpreting a contract.

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Constructive trusts – property

The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living with his partner (the defendant, D) at his property in Weston super Mare.

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Wills – joint bank accounts

In the absence of a later variation or contrary agreement, the surviving joint account holder of a bank account was fully entitled to the balance on the other account holder’s death.

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Wills – gift to solicitors

The Law Society has issued important guidance for practitioners who are asked to prepare wills by clients who want to leave a gift to them, their family or colleagues.

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Wills – proprietary estoppel

Another farm; another proprietary estoppel claim made out.

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Trustees – duty to beneficiaries

Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff.

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Procedure – LPAs

The Law Society has updated its practice guidance on lasting powers of attorney, in light of the latest developments.

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Powers of attorney – refunds of fees

Those who registered an LPA or EPA with the Office of the Public Guardian between April 2013 and 31 March 2017 can reclaim a portion of the fees paid, under new rules.

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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...


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