The Practical Lawyer

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Wills, probate and administration

Probate – Practice Advice Service

A reminder that the Law Society’s Practice Advice Service offers assistance with probate queries, including specialist cost-related queries relating to the administration of estates.

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IHT – new form

A new IHT return form IHT400 and supplementary pages was issued on 17 November 2008. It replaces form IHT200, which will remain available until 9 June 2009. After that date the new forms will be compulsory.

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Bankrupt heir – trustee in bankruptcy’s position

A recent decision confirms that where an heir is a bankrupt at the date of death, his or her inheritance is payable to their trustee in bankruptcy. Entitlement to inherit is an asset which comes into existence when the testator dies.

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Wills – will registry launched

Certainty.co.uk is launching a will register, endorsed by former Law Society President Kevin Martin and available for wills prepared by regulated professionals.

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Wills – definition of per stirpes

The Privy Council has given guidance on the interpretation of wills generally and the expression per stirpes. Lord Hope explained that the phrase per stirpes as a whole could be taken to mean ‘by family’.

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Charities Act 2006 – Commencement Order

On 31 January 2009, the Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008 was enacted. The provisions of the Charities Act 2006 that came into force are as follows:

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Charities – tax relief

Article 56 EC on the free movement of capital enabled eligible tax deductions on gifts made to charitable bodies in the taxpayer’s state also to be claimed on gifts made to charities within the European Union outside the taxpayer’s state.

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Will – disputed existence

An action was brought by the widow and daughter of the deceased against two charities. The widow had lived apart from the deceased for many years before his death.

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Intestacy – statutory legacy increased

From 1 February 2009 the amount available to a surviving spouse or partner where the deceased dies intestate has been increased from £125,000 to £250,000 where there are children.

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Wills – precedents

We have long been fans of Parker’s Modern Wills Precedents. The latest edition (by Michael Waterworth) is highly recommended.

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Page 31 of 32

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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