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Wills, probate and administration

Court of Protection – spouses

The LA failed in its application under the Mental Health Act 2005 for orders restricting H’s contact with his 83-year-old wife (P). 
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Disputed will – guidance; procedure

What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died? 
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Wills – proprietary estoppel

The Court of Appeal has refused a claim for proprietary estoppel involving yet another farming estate that belonged to the applicant’s late parents, on the basis that it had no realistic prospect of success.
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Trusts – final distribution

In a recent case originating under Scots law, the second respondent was a debtor who entered into a trust deed for the benefit of his creditors with A assumed as trustee. 
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Procedure – sworn oaths

Personal representatives no longer need to formally swear an oath to obtain a grant of representation.
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Practice – making gifts of assets; guidance

Private client practitioners will welcome Law Society guidance on Making gifts of assets.

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Trusts – file retention

The Law Society has produced practice guidance on proper record retention in the context of trusts, in light of the reality that disputes about trusts often arise years after they are drawn up.

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Wills – dependency claim (3)

A dependency claim made by the deceased’s partner of 20 years was limited to a life interest in half the net proceeds of sale of the £750,000 property.

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Wills – dependency claim (2)

M brought a claim under s2 I(PFD)A on behalf of her children (aged just three years and six months) for £848,000 against the £4.5m estate of their father (F). He had died suddenly aged 58.

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Wills – dependency claim (1)

In this case, the claimant made three claims against the estate of her late husband (T).

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Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...

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