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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

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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