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Wills, probate and administration

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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Inheritance tax – pensions

HMRC has updated its Inheritance Tax Manual guidance on pensions. The update takes into account changes under the Taxation of Pensions Act 2014, which came into force on 6 April 2015 (see next entry). 

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Probate – dependency claims

A summary judgment application has been deferred in a case raising issues relating to the IPFDA 1975. 

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Procedure – Court of Protection

Practitioners are advised to prepare for the implementation of The Court of Protection (Amendment) Rules 2015 which amend the Court of Protection Rules 2007, introducing important changes. The majority of the Rules come into force on 1 July 2015. Changes include:

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Probate – proprietary estoppel

The High Court has given important guidance on the court’s approach to claims of proprietary estoppel where a claim was made against a deceased estate. For a successful claim of proprietary estoppel, the claimant must show these three facts:

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Court of Protection – breach of declaration

The breach of a declaration of the Court of Protection cannot hold the same weight as the breach of a court order. The CoP considered a breach of a ‘best interests’ decision made under the MCA 2005 was sufficient to create a legal power from which to commence contempt proceedings.

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Trustee in bankruptcy – pensions

The High Court has disagreed with its earlier ruling in a similar case and rejected an application from a trustee in bankruptcy for access to the pensions of a bankrupt – which were not yet in payment.

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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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