The Practical Lawyer

Wills, probate and administration

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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Wills – validity; capacity

A dementia sufferer was capable of executing a valid will, the Court of Appeal has ruled. In a recent case, siblings were in dispute over a £2m estate.

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Power of attorney – revocation; capacity

The Court of Protection withdrew an LPA in favour of the donor’s (D) former gardener (DP) following an application by the Office of the Public Guardian. The ruling is significant in that is it the first ‘Munby-compliant’ case for which permission to report has been given following the provisions of the President’s Guidance issued on 16 January 2014.

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Wills – Inheritance (Provision for Family and Dependants) Act

T bequeathed the whole of her £489,000 estate to three animal charities. Her daughter (A) had been estranged from T since she was 17 years old, when she eloped with her boyfriend, and was left with nothing. A and her husband and five children were heavily dependent on state benefits.

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Wills – shari’ah succession

The Law Society’s recent practice note on shari’ah succession rules is an essential reference point for practitioners advising clients where shari’ah succession rules may be a relevant issue. It is particularly intended to help solicitors instructed to prepare a will which follows shari’ah succession rules.

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Wills – grief and invalidation

In this useful article, the author examines the issue of a testator’s grief in relation to testamentary capacity. The issue has come before the courts a number of times in recent years, the latest in December 2012 when the High Court gave useful guidance as to when T’s grief may amount to a lack of testamentary capacity.

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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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