The Practical Lawyer

Wills, probate and administration

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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Wills – shari’ah-compliant drafting

The Law Society’s recent practice note on drafting ‘shari’ah-compliant’ wills has ruffled a few feathers. In this useful article, the author highlights the pitfalls of marrying the shari’ah and English systems, notably in relation to inheritance tax (IHT).

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Wills – rectification

The Supreme Court’s interpretation of what constitutes a ‘clerical error’ in a will for the purposes of rectification under s20 AJA 1982 is likely to have significant practical consequences. The authors of this article take this view following the important ruling in Marley. They examine the decision and say Lord Neuberger’s comments on the interpretation of wills generally provide clear and authoritative guidance on how the court should approach this exercise.

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Wills – interpretation

The court is willing to approach the interpretation of wills in a more relaxed way following various House of Lords decisions on the interpretation of contracts. So says the author in this article following a recent ruling where a feature of the case was a misunderstanding of the purpose of a precedent.

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Probate – Irish property

In this helpful article, the author highlights the specific procedures where a person dies outside the Republic of Ireland and leaves property there. Extracting an Irish grant of representation will become necessary and the law sets out the specific requirements. 

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Wills – contested wills; vulnerable litigants

The Court of Appeal has given useful guidance on steps that should be taken to ensure vulnerable LIPs receive a fair hearing. In this case the son (S), who was autistic, had been disinherited by his father (T)’s will. The will favoured the other son.

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Page 10 of 32

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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