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Wills, probate and administration

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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Wills – caution against asset

In this useful article, the author looks at matters that should be considered in applications to vacate a caution entered against estate assets. In a recent case, a claim was made under the I(PFD)A 1975 by the testator’s two sons who had been excluded from the will. T was a farmer who had inherited a farm from his parents, in equal shares with his sister.

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Probate – lifetime gifts

Does a beneficiary have a duty to the executor to reveal a lifetime gift made by the testator? Yes, says the First Tier Tax Tribunal. In this case, the beneficiary of his father’s will was penalised for failing to reveal to the executors a substantial lifetime gift – despite a number of requests – and received an £87,000 penalty from HMRC.

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Court of Protection – habitual residence

Guidance on the appropriate test to determine habitual residence in Court of Protection cases has been given. At issue was where an adult (SW), who lacked capacity to decide where to live and the true nature of her care needs, was habitually resident for the purposes of determining whether the English court had jurisdiction to deal with MCA 2005 applications.

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Capacity – deprivation of liberty

The Court of Protection has supplemented and elaborated on questions of law arising out of a recent deprivation of liberty case involving adults who lacked capacity.

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Wills – family provision

A claim against an estate for reasonable provision failed on the facts which included the claimant’s behaviour towards her mother, the testator.

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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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