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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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Page 10 of 34

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Probate fees – increase delayed
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We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
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The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

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