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Wills, probate and administration

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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Court of Protection – care plans; local authorities

The president of the Family Division has given useful guidance as to the Court of Protection’s powers to impose care plans on local authorities reluctant to agree a care plan. The CoP cannot compel a public authority to agree to a care plan which the authority is unwilling to implement.

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Procedure – LPA

The court has ruled when a lasting power of attorney can be revoked on the basis of an attorney’s behaviour. In this case, the local authority applied to have the LPA revoked and to have itself substituted as the attorney.

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Executors – privilege

An executor can unilaterally waive privilege (where there are more than one); and a party cannot obtain disclosure from trustees as a beneficiary if its status as beneficiary is one of the issues to be decided, the High Court has ruled. In addition, the confidentiality of disclosed and inspected documents can only be protected by injunctive relief. 

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Procedure – pensions benefits

The Taxation of Pensions Act 2014 has brought in important changes to the requirements on death, and to the taxation of death benefits from defined contribution (DC) pension savings. The changes apply to payments made on or after 6 April 2015, not in relation to deaths on or after 6 April. 

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Page 6 of 31

Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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