The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Wills, probate and administration

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:

Subscribers only...
 

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.

Subscribers only...
 

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.

Subscribers only...
 

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.

Subscribers only...
 

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.

Subscribers only...
 

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.

Subscribers only...
 

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.

Subscribers only...
 

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.

Subscribers only...
 

Trusts – remuneration

A lay trustee acting gratuitously was ordered to refund money taken as salary, and was removed as a trustee, after his relationship with a trust beneficiary broke down. A family owned an estate held on trust which included a number of properties. The estate was low on funds. The properties included a house which was let; and a cottage occupied for a peppercorn rent by the half-brother of the claimant. The claimant was a beneficiary of the trust.

Subscribers only...
   


Page 9 of 33

Most-read articles

Privacy policy
Friday, 07 September 2018
The Practical Lawyer and its registered parent company, Legalease Ltd, are committed to protecting and respecting your privacy in accordance with the law.This page sets out Legalease’s privacy... Read more...

Could you write for The Practical Lawyer?

We are looking for help! If you can write in a practical, easy style, about a range of legal topics then please email a short CV to john.pritchard@legalease.co.uk

Resources

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