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Wills, probate and administration

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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IHT – personal representatives’ liability

PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed.

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Trusts – variation of trusts; capacity

The High Court (Chancery Division) has given important clarification as to the court’s jurisdiction in relation to applications under the Variation of Trusts Act 1958 where there is an issue of where a child will lack capacity on reaching 18.

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Dependency claims – cohabitees

A testator’s motive for not providing for a dependant under their will is not a sufficient reason for leaving the dependant without any provision. 
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Practice – distribution of assets; bankrupts

Caution must be exercised when distributing estate assets to insolvency beneficiaries because they may not be able to obtain a good receipt.
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Proprietary estoppel – significant detriment

The High Court has given useful guidance on how it will approach proprietary estoppel claims. 
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The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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