Issue: September 2024

Clerical error – rectification

September 2024 | Wills, probate and administration

The court has rectified the will of the claimant’s (C) late fiancé following a solicitor’s clerical error. On its face, the will – made six months before T’s death – was to be made in anticipation of T’s marriage to C, but they were not married at the date of T’s death. T’s will stated …

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HMLR – first registration

September 2024 | Conveyancing

Conveyancers carry out first registration applications fairly rarely and on its own statistics, HMLR can take over a year to consider such applications. So conveyancers should take heed of an important change in HMLR’s procedures relating to first registration applications. In a recent blog, HMLR states: ‘Starting in October 2024, conveyancers will be no longer …

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Marriage and CPs – prisoners

September 2024 | Family

In case you’ve missed it, prisoners currently subject to whole life orders are no longer permitted to enter marriage or CP as of 2 August 2024 without formal permission. The intention is to avoid victims of crime being ‘tormented’ and to ensure offenders are treated ‘as severely as they deserve’. The prohibition is set out …

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Practice – trust corporations

September 2024 | Wills, probate and administration

Any firms considering setting up trust corporations to use as executor, administrator, attorney or deputy or an in-house trustee are signposted to an updated Law Society PN. Four years since its previous version, the new PN observes that it is now common for established law firms to have their own trust corporations in response to …

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HMLR – use of email

September 2024 | Conveyancing

Note that section 4.3.7 of PG1 (first registrations) has been amended to reflect that HMLR will only acknowledge receipt of the application if the firm provides an email address. A similar note has been added to section 7 of forms FR1 and AP1. PG55 (address for service) has been amended. HMLR states: ‘Section 3 has …

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NCDR – financial remedies

September 2024 | Family

NCDR in family law is more important than ever and the court’s powers to require litigants to attempt mediation or other forms of NCDR have been increased under FPR r3.4(1). In essence, the parties’ agreement to use NCDR is no longer necessary for the court to require it. A recent ‘big money’ case was, said …

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Wills – adopted children

September 2024 | Wills, probate and administration

T died in April 2021 leaving a short will that left his estate to his son J, then to J’s children if J died first. J sadly died a few months before T. The claim was brought by J’s biological daughter (C) against J’s brother (D). She had been adopted by her mother’s new husband …

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