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Wills, probate and administration
 

Trusts – variation of trusts

An application under the Variation of Trusts Act 1958 to vary the trusts of four family settlements, and for the compromise of an issue as to the validity of the two most recent of those settlements, was successful.

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Attorneys – gifts

The Office of the Public Guardian (OPG) has published a useful updated practice note, Gifts: Deputies and EPA/LPA Attorneys, in light of the OPG’s updated policy on loans and supervision (a gift for these purposes can include making an interest-free loan).

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Wills – testamentary capacity

To what extent must a professional investigate whether a belief is false, and whether a false belief must be delusional or, simply, mistaken? In this article, the author examines the High Court ruling in McCabe involving a dispute between two brothers over their mother’s will. One of the brothers had been disinherited and challenged T’s will on grounds of lack of testamentary capacity, want of knowledge and approval, and undue execution.

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Court of Protection – NHS treatment

The Court of Protection has to carry out a balancing exercise where decisions as to ending treatment are to be made by NHS trusts.

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Wills – new EU law

New EU cross-border inheritance laws are now in place, allowing individuals to opt out of the forced heirship rules that apply in a number of EU countries. Individuals may opt either for the law of the country of their nationality or last habitual residence to apply to any assets across Europe.

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Court of Protection – mental capacity

Individuals lacking mental capacity must be involved in legal proceedings concerning their liberty, the Court of Appeal has ruled, following the introduction of streamlined procedures to the Court of Protection (CoP). The ruling will have implications for those being cared for in hospitals, care and residential homes, or those cared for with Alzheimer’s, autism or learning disabilities, as such individuals cannot consent to restrictions on their liberty.

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IHT – deeds of variation

A post-death deed of variation that failed to include a claim for retrospective IHT treatment under s142(1) ITA 1984 was rectified on the basis that it did not reflect the parties’ intentions.

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Wills – ISA inheritance laws

Changes to the rules on ISAs means spouses or civil partners will now be able to inherit their partner’s ISA pot free of inheritance tax.

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LPAs – guidance for attorneys

Practitioners will welcome guidance leaflets from the Office of the Public Guardian, aimed at individuals considering acting for someone under a lasting power of attorney.

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Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
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... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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