The cost of dying with an outdated will is ‘£9,700′ – Daily Telegraph

Posted October 23rd, 2014 in costs, fees, intestacy, news, wills by sally

‘Research suggests that a combined £175 million in assets is lost each year to bereaved families if a relative dies intestate or with an outdated will.’

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Daily Telegraph, 22nd October 2014

Source: www.telegraph.co.uk

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Property gifts in contemplation of death: Donatio mortis causa – Hardwicke Chambers

Posted October 15th, 2014 in animals, charities, news, wills by sally

‘As the opening comments of Charles Hollander QC in his judgment in King v Dubrey [2014] EWHC 2083, make clear, a donatio mortis causa (DMC) takes effect as a historic and anomalous exception to the requirements of the Wills Act. It involves… a present gift which takes effect in the future and remains conditional until the donor dies. On death it becomes absolute. It has previously been described as being of “an amphibious nature, being a gift which is neither entirely inter vivos nor testamentary.” The task for the Court is to distinguish between a genuine DMC and an attempt to make a testamentary gift other than in accordance with the Wills Act. The test has, for over one hundred and fifty years, been a high one –

“…no case of this description ought to prevail unless it is supported by evidence of the clearest and most unequivocal character.”’

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Hardwicke Chambers, 25th September 2014

Source: www.hardwicke.co.uk

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To litigate or not to litigate in claims involving wills: practical points for charities – New Square Chambers

Posted October 15th, 2014 in animals, appeals, charities, families, news, wills by sally

My purpose in this article is to highlight the sort of issues facing charities in deciding whether or not to litigate over a legacy, or residuary gift, contained in a Will. In particular, I shall be looking at a number of cases where charities have faced such difficult decisions, some of which they have got wrong.

Full story (PDF)

New Square Chambers, 2nd October 2014

Source: www.newsquarechambers.co.uk

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Will it be enough? – Zenith Chambers

Posted October 15th, 2014 in families, intestacy, married persons, news, trusts, wills by sally

‘The 1st October 2014 sees the implementation of long awaited changes to the way in which intestacy and claims for reasonable financial provision are approached. The Inheritance and Trustees’ Powers Act 2014 is the result of a six year Law Commission review of the intestacy rules and claims for reasonable financial provision. The review was prompted by research that suggested 58% of the adult population does not have a will and the intestacy rules did not properly provide for modern relationships.’

Full story (PDF)

Zenith Chambers, 1st October 2014

Source: www.zenithchambers.co.uk

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Save the date! – New Square Chambers

Posted October 15th, 2014 in families, intestacy, married persons, news, trusts, wills by sally

‘‘Save the Date!’ The Inheritance and Trustees’ Powers Act 2014 comes into force on 1 October 2014. Alexander Learmonth summarises the important changes being brought in by the new Act.’

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New Square Chambers, October 2014

Source: www.newsquarechambers.co.uk

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Rectification of Wills Following Marley v Rawlings – No. 5 Chambers

Posted October 15th, 2014 in appeals, documents, news, rectification, Supreme Court, wills by sally

‘David Mtichell, member of No5 Chambers Commercial & Chancery Group, recently gave a talk titled ‘Rectification of Wills Following Marley v Rawlings’ at the No5 Estates Seminar held on 25th September.’

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No. 5 Chambers, 15th October 2014

Source: www.no5.com

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The costs of rectification – Law Society’s Gazette

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

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Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

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Marley v Rawlings (No 2) – WLR Daily

Posted October 2nd, 2014 in appeals, costs, fees, law reports, mistake, rectification, solicitors, Supreme Court, wills by tracey

Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402

‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’

WLR Daily, 18th September 2014

Source: www.iclr.co.uk

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How October 1 will change your life – Daily Telegraph

‘As a number of new laws come into effect this week, we take a look at how your life will be affected.’

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Daily Telegraph, 1st October 2014

Source: www.telegrpah.co.uk

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Inheritance law changes come into force – BBC News

Posted October 1st, 2014 in children, families, intestacy, legislation, married persons, news, wills by tracey

‘Changes to the rights of people whose spouses or civil partners die without making a will have come into force.’

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BBC News, 1st October 2014

Source: www.bbc.co.uk

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Man who killed partner and son lays claim to her estate – The Guardian

Posted September 23rd, 2014 in diminished responsibility, homicide, mental health, news, wills by sally

‘A killer who is laying claim to the £80,000 estate of his partner whom he stabbed to death has told a court he is not motivated by money.’

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The Guardian, 22nd September 2014

Source: www.guardian.co.uk

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Supreme Court forces barristers to waive success fees – Litigation Futures

Posted September 22nd, 2014 in appeals, barristers, costs, fees, news, solicitors, Supreme Court, wills by sally

‘The president of the Supreme Court has taken the “fairly remarkable” course of forcing two barristers into dropping their claims to success fees in a case which he said again highlighted the “many unsatisfactory aspects” of the pre-Jackson CFA regime.’

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Litigation Futures, 18th September 2014

Source: www.litigationfutures.com

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Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

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Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

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Lim (An infant) v Walia – WLR Daily

Posted July 30th, 2014 in appeals, bereavement, families, insurance, law reports, wills by sally

Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339

‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Law Society Sharia wills guidance “cannot change the law”, justice minister says – Legal Futures

‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’

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Legal Futures, 28th July 2014

Source: www.legalfutures.co.uk

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Lover Gillian Clemo’s fake will conviction quashed – BBC News

Posted July 11th, 2014 in appeals, forgery, news, wills by sally

‘A dead estate agent’s girlfriend found guilty of using a forged will to stop his estranged wife inheriting his £3m fortune has had her conviction quashed.’

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BBC News, 10th July 2014

Source: www.bbc.co.uk

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People’s burial wishes should be registered to avoid arguments, say legal experts – The Independent

Posted May 27th, 2014 in burials and cremation, news, wills by sally

‘Whether it’s wanting to be buried in a biodegradable coffin, having your ashes scattered over Anfield, or being laid to rest in a royal crypt, most of us have strong feelings about what happens to our bodies after death. Now legal experts are proposing to make those wishes legally binding for the first time.’

Full story

The Independent, 25th May 2014

Source: www.independent.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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Law Society urges people to leave instructions for their digital legacy – The Guardian

Posted April 17th, 2014 in intellectual property, internet, Law Society, news, wills by tracey

‘Solicitors organisation warns that too much valuable, intellectual property is in danger of being lost when we die.’

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The Guardian, 16th April 2014

Source: www.guardian.co.uk

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The Savile Estate Saga – Sovereign Chambers

‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’

Full story

Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk

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