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Wills, probate and administration

Probate – relief against forfeiture

A recent case in which an elderly man killed his wife and then himself illustrates the effect of the forfeiture rule, and the court’s power under the Forfeiture Act 1982 in some cases to modify the effect of the rule.

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Wills – testamentary capacity; proprietary estoppel

Testamentary capacity and proprietary estoppel have been considered in a High Court case, where the court confirmed that the Banks v Goodfellow test for testamentary capacity remains good law. In this case, a claim for proprietary estoppel was not made out.

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Court of Protection – trust deputies

How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the appointment of deputies.

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Wills – out of date

The author highlights the dangers of wills that are not kept under review, and are out of date at the date of the testator’s death.

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Procedure – personal income tax

At issue in this case was whether A owed HMRC a debt in excess of the current bankruptcy level of £5,000. If he did, HMRC could serve a statutory demand on him ahead of bankruptcy proceedings. HMRC claimed that A owed a debt under s59B(5) Taxes Management Act 1970 which applies to tax payable as a result of an amendment/correction of a self-assessment under s28 ATMA.

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Wills – dependant claims; adult children

The County Court has allowed an adult child ‘reasonable provision’ from her father’s (T) estate. This continues the recent trend allowing disinherited children a share of a deceased parent’s estate in specific circumstances.

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Procedure – CoP accredited legal representatives

The Law Society has published new practice guidance for lawyers seeking appointment, or acting, as accredited legal representatives (ALR) in the Court of Protection. The guidance applies only to situations where the ALR is acting for P (the subject of the proceedings) where P has been joined as a party.

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Procedure – unsealing will

An application by the librarian and assistant keeper of the Queen’s archives for a full copy of the will and codicil of the Duke of Windsor (who died on 28 May 1972) for research purposes was granted.

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Procedure – Court of Protection

The Court of Protection Rules 2017 are now in force, revoking and replacing the Court of Protection Rules 2007 and subsequent amendments. The new 2017 rules are long overdue, and consolidate CoP practice and procedure.

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Wills – validity

A homemade holographic will was held to be valid. T was born in Montenegro but came to England after the Second World War, though his English never became particularly fluent.

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
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. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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