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.’

Full story

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.’

Full story

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.’

Full story

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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New research examining the markets for probate and estate administration released – Legal Services Board

Posted March 19th, 2012 in news, probate, wills by sally

“The Legal Services Board (LSB) is today [15 March] publishing two new pieces of research into probate and estate administration.”

Full story

Legal Services Board, 15th March 2012

Source: www.legalservicesboard.org.uk

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Key and another v Key and others – WLR Daily

Posted March 11th, 2010 in bereavement, law reports, mental health, probate, wills by sally

Key and another v Key and others [2010] EWHC 408 (Ch); [2010] WLR (D) 69

 “Although affective disorder such as depression, including that caused by bereavement, was more likely to affect powers of decision-making than comprehension, the effect of bereavement on a testator’s mind was a factor to be taken into account when deciding whether he had capacity to make a will and was capable of impairing testamentary capacity.”

WLR Daily, 9th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Kostic v Chaplin and Others – Times Law Reports

Posted January 11th, 2008 in costs, law reports, probate by sally

Kostic v Chaplin and Others

Chancery

“When deciding costs in a contentious probate action, the two long-established exceptions to the normal rule that costs followed the event that survived the introduction of the Civil Procedure Rules were: (i) where a testator had been the cause of the litigation, costs should come out of the estate; and (ii) where the circumstances led reasonably to an investigation of the matter, costs should be borne by both sides.”

The Times, 11th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

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O’Brien v. Seagrave and Another – Times Law Reports

Posted May 2nd, 2007 in law reports, probate by sally

Claim provides sufficient interest

O’Brien v. Seagrave and Another

Chancery Division 

“A claimant who had a right to bring a statutory claim for provision from a deceased’s estate could be said to have an interest in the estate for the purposes of bringing a probate claim.”

The Times, 2nd May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

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O’Brien v. Seagrave and another – WLR Daily

Posted April 5th, 2007 in law reports, probate by sally

O’Brien v. Seagrave and another [2007] EWHC 788 (Ch)

“A claimant who had a right to bring a statutory claim for provision from the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 could be said to have a sufficient “interest” in the estate to permit her to proceed with a probate claim under CPR rule 57.7(1).”

WLR Daily, 4th April 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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