The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Wills, probate and administration

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...
   

Procedure – will; gifts to practitioners

The Law Society has issued an important practice note for practitioners preparing a will in circumstances where the client leaves a gift for the practitioner, or his/her family or colleagues.
Subscribers only...
 

Probate – costs

The Rawlings case (see previous entry) continues to spurn much legal discussion, and the latest judgment – this time in relation to the issue of costs of rectification of a will – gives rise to further commentary on costs.
Subscribers only...
 

Wills – costs; rectification

Where there is a reasonable but unsuccessful challenge to a will, the court will often order that all parties’ costs will come out of the estate. The latest Rawlings judgment specifically addresses the issue of the costs of rectification of a will.
Subscribers only...
 

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.
Subscribers only...
 

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.
Subscribers only...
 

Probate – disputes

Wills and probate practitioners are increasingly alert to rulings involving disputed wills and probate. Two recent rulings provide useful guidance for lawyers. 
Subscribers only...
 


Page 10 of 33

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

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