Asylum and immigration court fees set to rise by over 500% – The Guardian

‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’

Full story

The Guardian, 21st April 2016

Source: www.guardian.co.uk

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Raising funds to modernise the Probate Service – Hardwicke Chambers

Posted April 14th, 2016 in consultations, fees, internet, news, probate by sally

‘A banded approach to probate fees has been proposed by the Ministry of Justice (MoJ). Views are sought on proposals to impose fees of between £300 and £20,000, depending on the value of the estate. The value of an estate below which no fee is payable would rise from £5,000 to £50,000. The consultation is open until 1 April 2016.’

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Hardwicke Chambers, 29th March 2016

Source: www.hardwicke.co.uk

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Testamentary capacity and the not-so golden rule: Burns v Burns [2016] EWCA Civ 37 – Park Square Barristers

Posted April 13th, 2016 in appeals, codes of practice, doctors, news, probate, solicitors, wills by sally

‘David Rose reviews the recent Court of Appeal decision in Burns v Burns [2016] EWCA Civ 37, which contains an up-to-date summary of the law relating to testamentary capacity and knowledge & approval.’

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Park Square Barristers, 31st March 2016

Source: www.parksquarebarristers.co.uk

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Online divorce and probate set for early 2017, Munby says – Legal Futures

Posted March 1st, 2016 in case management, courts, divorce, internet, news, probate, speeches by sally

‘Online divorce and probate are set to be delivered under the courts modernisation programme by early 2017, the president of the Family Division has said.’

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Legal Futures, 1st March 2016

Source: www.legalfutures.co.uk

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Lord Lucan and the Presumption of Death Act 2013 – Park Square Barristers

Posted February 25th, 2016 in news, peerages & dignities, presumption of death orders, probate by sally

‘The press has been awash with reports of the recent case in which Lord Bingham, the son of the 7th Earl of Lucan, obtained a Court Order which finally allowed him to succeed to the title held by his father – who had been missing for over 40 years following the death of a former nanny. The case attracted frenzied press coverage in 1974 when the family nanny, Sandra Rivett, was found dead at the home of Lord Lucan’s estranged wife in Belgravia. Suspected of her murder, Lord Lucan fled and was never seen again. However, this was only the beginning of the saga for the family. Over the ensuing years there were regular reports of sightings of the fugitive peer. None were confirmed, and an alternative theory was that he had committed suicide shortly after the murder.’

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Park Square Barristers,

Source: www.parksquarebarristers.co.uk

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Fee proposals for grants of probate – Ministry of Justice

Posted February 19th, 2016 in consultations, fees, news, probate by sally

‘This consultation sets out the government’s proposals for reforming the fee payable for an application for a grant of probate. The proposed fee regime will move from a flat to a banded fee approach, proportionate to, and rising with, the value of the estate, and at the same time will increase the value of the estate below which no fee is payable from £5,000 to £50,000, lifting some 30,000 estates out of paying any fee. The proposals are intended to be fair and progressive. The Government is also considering whether grant of probate applications should be excluded from the fee remissions scheme and are seeking views on this issue.’

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Ministry of Justice, 18th February 2016

Source: www.consult.justice.gov.uk

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Grieving families could be forced to pay a new death tax – Daily Telegraph

Posted February 19th, 2016 in families, fees, news, probate by sally

‘For some families it could amount to a potential 129-fold increase in costs.’

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Daily Telegraph, 18th February 2016

Source: www.telegraph.co.uk

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Partner wins battle with estranged wife over share of house – BBC News

Posted February 18th, 2016 in appeals, cohabitation, costs, families, housing, news, probate by sally

‘A woman who lived with her partner for 18 years has won a legal battle with his estranged wife for his share of their home.’

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BBC News, 16th February 2016

Source: www.bbc.co.uk

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Here come the new lawyers – CLC sets out plans for probate practitioners and technicians – Legal Futures

‘Plans to create three new breeds of lawyer – probate practitioners, conveyancing technicians and probate technicians – are being published today by the Council for Licensed Conveyancers (CLC).’

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Legal Futures, 15 February 2016

Source: www.legalfutures.co.uk

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Probate manager who admitted 140 “improper withdrawals” from client accounts blamed pressure of work – Legal Futures

‘A probate manager who admitting making 140 “improper withdrawals” over a period of 11 years, resulting in a client account shortage of £730,000, has been banned from working for law firms.

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Legal Futures, 17th November 2015

Source: www.legalfutures.co.uk

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Disinheritance and the law: why you can’t leave your money to whoever you please – The Guardian

Posted August 3rd, 2015 in appeals, charities, consent, local government, news, probate, statistics, trusts, wills by sally

‘When Melita Jackson decided to disinherit her daughter Heather, she knew what she was doing, and her decision was clear. Now a court has ruled that Heather still has a right to a share of her estate. As Britain experiences a surge in will disputes, is our sense of what we owe our children changing?’

Full story

The Guardian, 31st July 2015

Source: www.guardian.co.uk

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The Relevance of Probate in the Digital Age – New Square Chambers

Posted July 27th, 2015 in computer crime, executors, internet, money laundering, news, probate by sally

‘Imagine an estate where there is no dispute amongst the beneficiaries, whether about the validity of the deceased’s will or its terms. Imagine that there is no inheritance tax to pay by reason of the death of the deceased. The bulk of the estate is held in a bank account that is accessible online and the executor named in the will is aware of the username and password applicable to this online account. He wishes to use them to transfer the money in the account to an account in his name and then to administer it precisely according to law.’

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New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

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Legal Ombudsman outlines test for dealing with complaints about MDPs – Legal Futures

‘The Legal Ombudsman (LeO) has introduced a policy for dealing with complaints about organisations which provide non-legal as well as legal services, such as some alternative business structures (ABSs) and, shortly, accountants who offer probate advice.’

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Legal Futures, 19th September 2014

Source: www.legalfutures.co.uk

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MPs approve probate and conveyancing rights for legal executives – Legal Futures

‘The Chartered Institute of Legal Executives (CILEx) has won the approval of the House of Commons to grant its members rights to conduct reserved probate and conveyancing work.’

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Legal Futures, 10th September 2014

Source: www.legalfutures.co.uk

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Guilty, the man who conned his brother out of £1.5m inheritance – Daily Telegraph

Posted September 10th, 2014 in families, forgery, fraud, insurance, news, probate, trusts by sally

‘Peter Howes forged the signature of his brother and mother, cashed in life insurance policies and siphoned off the proceeds of the sale of the £1m family home.’

Full story

Daily Telegraph, 9th September 2014

Source: www.telegraph.co.uk

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Inheritance and Trustees’ Powers Act 2014

Posted May 15th, 2014 in legislation, probate, trusts, wills by tracey

Inheritance and Trustees’ Powers Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Widower who ‘torched’ wife’s money now being sued by her lover – Daily Telegraph

Posted December 10th, 2013 in affidavits, appeals, insurance, news, probate by tracey

‘A bereaved husband who torched all his wife’s money because he was so upset about her dying is now being sued by her lover who is demanding he replaces the cash.’

Full story

Daily Telegraph, 9th December 2013

Source: www.telegraph.co.uk

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Consultation on draft rules in relation to non-contentious probate business in England and Wales – Judiciary of England and Wales

Posted July 18th, 2013 in consultations, probate, regulations by tracey

“This is a consultation produced by the President of the Family Division’s Working Group detailing the proposed amendments to the Non-Contentious Probate Rules 1987.”

Full consultation

Judiciary of England and Wales, 17th July 2013

Source: www.judiciary.gov.uk

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Goodman and another v Goodman and another: In re Goodman (decd) – WLR Daily

Posted May 24th, 2013 in executors, law reports, probate, wills by tracey

Goodman and another v Goodman and another: In re Goodman (decd): [2013] EWHC 758 (Ch); [2013] WLR (D) 197

“Section 50 of the Administration of Justice Act 1985, which contained a power to replace or remove personal representatives, applied to a person named as an executor in a will but who had not been granted probate.”

WLR Daily, 18th May 2013

Source: www.iclr.co.uk

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Chancery traditional Probate: case update 2013 – 11 Stone Buildings

Posted April 2nd, 2013 in news, probate, wills by sally

“Sidney Ross reports on two recent probate cases and highlights how they interpret existing case law. In Joshi and others v Mahida [2013] EWHC 486 (Ch) the judge followed Re Segelman in answering three questions to determine the testator’s intentions. Sidney also discusses whether ‘the rule of double portions’ applies in Kloosman v Aylen and others [2013] EWHC 435 (Ch).”

Full story (PDF)

11 Stone Buildings, March 2013

Source: www.11sb.com

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