The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Wills, probate and administration

Wills – professional executors

The Law Society has issued useful guidance on the appointment of professional executors. The practice note, Appointment of a professional executor, is aimed at solicitors and law firms who provide wills and probate services, and for solicitors and firms retained by, or who have an economic relationship with, a third party selling its own executor services.

Subscribers only...
 

Trusts-probate

A claim by the trustees of a religious charity for permanent injunctions against a former trustee was successful. The former trustee (the defendant, D) had been accused of misappropriating charity funds and passing off his activities as those of the charity.

Subscribers only...
 

Wills – capacity

The High Court has rejected a claim of fraudulent calumny in a probate claim. The deceased had capacity when he signed his will, and knew and approved its contents, the court held in a case where it was also alleged that there was a contract to share the deceased’s estate.

Subscribers only...
 

Trusts – tax avoidance

What’s the difference between legitimate tax arrangements and abusive tax avoidance? The author of this useful article highlights the difference following the media coverage concerning the late Duke of Westminster’s estate and his tax affairs. It was widely reported that tax had been avoided through the use of trusts, agricultural property relief and business property relief, all uncontroversial and legal ways of mitigating tax.

Subscribers only...
 

Wills – the golden rule

  In this article the author looks at the court’s approach to testamentary capacity and the applicability of the ‘golden rule’ in a recent case.

Subscribers only...
 

Court of Protection – vulnerable person

New guidance has been issued by Charles J on facilitating participation of P and vulnerable persons in Court of Protection proceedings. The guidance is not prescriptive, but gives useful suggestions as to how practitioners might consider enhancing the participation of P in CoP proceedings. The guidance is primarily aimed towards health and welfare cases in the CoP, though it may also assist in some property and affairs cases.

Subscribers only...
 

Wills – terminology

The correct interpretation and construction of the terms of a will continues to exercise the courts. Here, the author discusses a recent case where the central issue was the meaning of ‘United Kingdom’ in the deceased’s will.

Subscribers only...
 

Wills – undue influence

This useful article considers the difficulties of proving undue influence where there are what the author calls ‘testamentary predators’, in light of a helpful illustration. He refers to precedent 222 Butterworth’s Encyclopaedia of Forms and Precedents (5th edition, 2016 review), where there are particulars of claim to revoke a grant of probate alleging testamentary incapacity, lack of knowledge and approval, and undue influence.

Subscribers only...
 

Lasting powers of attorney – guidance

 

Solicitors who advise clients on lasting powers of attorney, and those acting as an attorney under an LPA, will welcome updated guidance from the Law Society. It reminds solicitors of the need to be aware of the Mental Capacity Act 2005 provisions; the provisions of the MCA Code of Practice; and the relevant guidance from the Office of the Public Guardian.

Subscribers only...
 

Public Guardian – gifts

Giving gifts to others on behalf of an individual under a power of attorney can cause legal problems, not least because they may only make gifts if it is in the person’s best interests and the gift is ‘reasonable’. The Office of the Public Guardian has issued an updated practice note for attorneys and deputies on how they can make gifts and what is appropriate. It is published in light of the OPG’s updated policy on loans and supervision.
Subscribers only...
 


Page 6 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...

Resources

IAG International
www.totallylegal.com
In House Lawyer
MSI Global Alliance
Join the IBA now!