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Wills, probate and administration

Wills – mutual wills

At issue in a recent case was whether or not mutual wills had been created, and when a constructive trust may then have arisen.

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Wills – beneficiaries; ‘grandchildren’

A will made in 1946 discriminated against the rights of adopted grandchildren under Article 14 ECHR in conjunction with Article 8. The adopted grandchildren were, therefore, entitled to benefit under the terms of the will trust.

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Court of Protection – advance decisions

An advance decision is an important tool and should be discussed with as much regularity as wills and LPAs for anyone involved in estate planning. The author of this useful article questions whether the heartache surrounding a recent CoP case would have been avoided had the patient completed an advance decision using the mechanism available under ss24-26 MCA.

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Procedure – COP rules

Amendments to the Court of Protection Rules 2007 are now in force. Rules 5 and 6 of the Court of Protection (Amendment) Rules 2017 allow for the CoP to make civil restraint orders. Rule 5 now defines a ‘civil restraint order’ as:

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Procedure – gifts of assets

Law Society guidance on Making gifts of assets has been issued. The Law Society highlights the issue in circumstances where clients may ask practitioners for advice about transferring property or investments to their next of kin, family members or friends, before their death, as a means of planning for their future care. The Law Society warns that a solicitor could be implicated if found to have aided a client’s deliberate deprivation of assets.

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Court of Protection – health and social care services

What is the role of the CoP where there is a dispute between providers or funders of health or social care services for someone lacking capacity to make decisions for themselves and family members about what should be provided for them?

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Wills – dependency claim

The Court of Appeal’s order in the high-profile case of Ilott gave little weight to the testator’s very clear wishes and the long period of estrangement between her and her daughter, the claimant in the case.

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Wills – disclosure to attorneys and deputies

Law Society guidance on Access and disclosure of an incapacitated person’s will has been published in the form of a practice note and is relevant to all solicitors who store wills.

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Wills – dependency claim

A widow successfully appealed an award under the I(PFD)A which was made in favour of the testator’ long-term partner (P). The High Court ordered that a life interest in the testator’s half share of property was to vest in the widow (W).

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Contentious probate – update

In this article, the author summarises the latest and most notable of contentious probate and trust cases. In addition to the Ilott v Mitson case, the author highlights a case where the High Court affirms the use of single-stage test for determining knowledge and approval of a will, but cross-checks the conclusions reached with reference to the two-stage test (in either case, the answer should be the same).

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Page 5 of 33

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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