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Wills, probate and administration

Wills – out of date

The author highlights the dangers of wills that are not kept under review, and are out of date at the date of the testator’s death.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

The author looks at the issues raised by drafting wills in a digital age, and the challenges for administrators who are left to discover what the deceased owned (and owed) if they left no accessible records.

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Wills – dependency claims

In this case, T was estranged from his three daughters and left his entire £265,000 estate to a friend who was in financial difficulties. He left a letter explaining his reasons for excluding his daughters from his will. However, one them (D) made a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable provision of £59,000.

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Trustees – money laundering

Private client practitioners need to understand the implications of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The regulations came into force in June 2017 and will have an impact on trustees and advisers.

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Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
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?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

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