The Practical Lawyer

Wills, probate and administration

Trustees – sale of property

Trustees must ensure a decision to sell property is reasonable, and the process they follow to reach that decision is also reasonable. A ruling considered the extent of a trustee’s duty when seeking to sell property.
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Incapacity – deprivation of liberty

The Court of Protection has issued important guidance on a new ‘streamlined’ process to handle deprivation of liberty (DoL) cases in a manner compliant with human rights legislation.
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Probate – disputes

Wills and probate practitioners are increasingly alert to rulings involving disputed wills and probate. Two recent rulings provide useful guidance for lawyers. 
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Procedure – intestacy rules

Under the Inheritance and Trustees’ Powers Act 2014, which came into force on 1 October 2014, the intestacy rules have now changed:
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Wills – trusts

The court applied the natural meaning of the words used by a will which, in the Lucien Freud case (see previous entry), helped clarify issues of drafting in relation to secret and half-secret trusts.
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Wills – construction

In the recent Lucien Freud case, the High Court set out the correct principles to be applied when construing wills. The author of this useful article says the case is considered by many to be an arcane distinction between secret and half-secret trusts.
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Wills – client care

Contested wills and estates are increasing, and advice and guidance for practitioners should be welcomed so that they can take the necessary action to mitigate the risk of negligence. In this useful article, the author reminds practitioners that good client care should be essential to will writing.

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Wills – possessions

In an age where people increasingly own non-tangible assets including music, Facebook accounts and online bank accounts, for instance, practitioners should be considering these issues when advising their clients. In particular, the legal and practical risks involved in recording the identity of such assets should be considered.

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Procedure – presumption of death

The Presumption of Death Act 2013 is expected to become law on 1 October 2014 and will introduce a presumption of death procedure in England and Wales. Private client practitioners are advised to familiarise themselves with the provisions ahead of the implementation date.

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Court of Protection – deprivation of liberty

An important Supreme Court ruling involving the Court of Protection could result in many applications to authorise the living arrangements of individuals in a variety of settings. In this case two sisters and another (P) lacked capacity to make decisions regarding their own living arrangements.

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Page 9 of 31

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:


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