The Meek Shall Inherit The Earth: Opening the Floodgates in Inheritance Act Actions? – Park Square Barristers

Posted September 4th, 2015 in charities, families, news, wills by sally

‘The case of Ilott v Mitson has received quite a lot of publicity last week. In brief, a woman who had been estranged from her late mother for 26 years since she was 17 was given an award from her mother’s estate under the Inheritance (Provision for Family and Dependants) Act 1975, despite the fact that her late mother had made it perfectly clear that she did not wish her daughter to get a penny. It sparked some controversy in the press and other media.’
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Park Square Barristers, 4th August 2015

Source: www.parksquarebarristers.co.uk

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The changing legal landscape for inheritance disputes – Legal Futures

Posted August 28th, 2015 in news, wills by sally

‘There has been a huge growth in the number of inheritance disputes in recent years due partly to an ‘’increasingly ageing population’’ according to Adam Draper, partner at Irwin Mitchell solicitors who specialises in inheritance disputes.’

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Legal Futures, 27th August 2015

Source: www.legalfutures.co.uk

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10 of the strangest wills of all time – The Guardian

Posted August 25th, 2015 in news, wills by sally

‘Leaving instructions for what should happen to your finances after your death is a serious matter – but for some the temptation to cause mischief or raise a smile from beyond the grave is too much to resist.’

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The Guardian, 25th August 2015

Source: www.guardian.co.uk

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Ilott -v- Mitson: how will it affect future claims on Wills? – Halsbury’s Law Exchange

Posted August 4th, 2015 in appeals, charities, financial provision, news, wills by sally

‘No one can have avoided the recent publicity surrounding the case of Ilott -v- Mitson (2015). The case concerned the estate of the late Melita Jackson who died in 2004 and her estranged daughter Heather. Heather hadn’t been in touch with her mother since she left home at 17, 26 years previously, and who was excluded from her late mother’s Will. The daughter made a claim against Melita’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) for reasonable financial provision.’

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Halsbury’s Law Exchange, 3rd August 2015

Source: www.halsburyslawexchange.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?’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Your will can be ignored, say judges – Daily Telegraph

Posted July 30th, 2015 in charities, financial provision, news, wills by sally

‘The landmark Court of Appeal ruling has implications for how people should draw up their wills, legal experts say.’

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Daily Telegraph, 27th July 2015

Source: www.telegraph.co.uk

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Daughter wins £164,000 after decade-long legal battle over will with charities – The Guardian

Posted July 28th, 2015 in appeals, charities, news, wills by sally

‘After a decade-long legal fight with three animal welfare charities over her mother’s decision to cut her out of any inheritance, a poverty-stricken daughter has finally been awarded £164,000 by senior judges.’

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The Guardian, 28th July 2015

Source: www.guardian.co.uk

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Inheritance tax: How the UK compares to other countries – Daily Telegraph

Posted July 20th, 2015 in budgets, inheritance tax, news, statistics, taxation, wills by tracey

‘Recent changes to the way we are taxed on death has caused a stir in Britain. But how does our regime compare to other countries?.’

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Daily Telegraph, 18th July 2015

Source: www.telegraph.co.uk

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Secret ‘Practice Directions’ and Royal Wills – Panopticon

‘Mr Brown became a well-known figure in litigation circles when he sought to unseal the Will of Princess Margaret in the belief that it might reveal information showing him to be her illegitimate son. In the course of his unsuccessful litigation, it was revealed that there existed what had been described orally during the court proceedings as a “Practice Direction in respect of the handling of Royal Wills” (although there is dispute over precisely what form this document takes and whether it is really a Practice Direction at all), produced by the-then President of the Family Division following liaison with the Royal Household.’

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Panopticon, 16th July 2015

Source: www.panopticonblog.com

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Family Law Week’s Budget Briefing, July 2015 – Family Law Week

‘Richard Holme, Chartered Accountant of Creaseys, a firm which specialises in advising family lawyers on tax related family law issues, explains the Budget changes of most relevance to family lawyers.’

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Family Law Week, 8th July 2015

Source: www.familylawweek.co.uk

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King v The Chiltern Dog Rescue and another – WLR Daily

Posted June 16th, 2015 in appeals, law reports, wills by sally

King v The Chiltern Dog Rescue and another [2015] EWCA Civ 581; [2015] WLR (D) 245

‘The words and acts of a deceased concerning the transfer of her property at a time when she was not contemplating her impending death did not give rise to a donatio mortis causa.’

WLR Daily, 9th June 2015

Source: www.iclr.co.uk

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Animal charities in legal victory against family of elderly donor to get £350k house she ‘left to carer nephew’ – Daily Telegraph

Posted June 10th, 2015 in animals, appeals, charities, documents, news, wills by sally

‘Chiltern Dog Rescue and Redwings Horse Sanctuary win appeal against ruling that man who cared for elderly aunt before she died entitled to home.’

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Daily Telegraph, 9th June 2015

Source: www.telegraph.co.uk

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Widow of property investor Jack Dellal wins round of legal battle over estate – The Guardian

Posted April 2nd, 2015 in evidence, financial provision, news, wills by sally

‘The multi-millionaire widow of a property dealer said to have gambled £1.7m in one night has won the latest round of a legal battle for “reasonable provision”.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

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What happens if a beneficiary of a will pre-deceases a testator? – Tanfield Chambers

Posted March 18th, 2015 in charities, news, wills by sally

‘Wills are typically described as “ambulatory” which means that they possess no force or effect prior to the death of the testator. Where the beneficiary of a gift predeceases the testator then as a general rule the gift will fail or “lapse”. Note that a deemed predecease will arise in various cases such as the effect of divorce on a gift made by one spouse to another. The effect is that for the purpose of any gift to that spouse the survivor will be deemed to have predeceased the testator[1]. Another less well known example is the effect of renunciation of a gift.’

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Tanfield Chambers, 19th February 2015

Source: www.tanfieldchambers.co.uk

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Donatio Mortis Causa – Hardwicke Chambers

Posted March 17th, 2015 in 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, 16th February 2015

Source: www.hardwicke.co.uk

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Eirian Davies wins £1.3m of family farm in Carmarthenshire – BBC News

Posted February 26th, 2015 in agricultural holdings, compensation, employment, families, news, wills by sally

‘A farmer’s daughter has won £1.3m after working on her parents’ farm for nothing as a teenager while her sisters were having fun.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

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Stigma of dementia leading to rise in will disputes – Legal Futures

Posted December 17th, 2014 in elderly, mental health, news, solicitors, wills by sally

‘Expert will dispute lawyers have revealed that people hiding their dementia due to the stigma of mental illness is leading to a rise in the number of wills being disputed by friends and families and say that vulnerable people need more support to avoid being taken advantage of.’

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Legal Futures, 16th December 2014

Source: www.legalfutures.co.uk

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Revealed: Law Society did not seek advice on Sharia law before issuing controversial wills guidance – Legal Futures

Posted December 8th, 2014 in islamic law, Law Society, news, wills by sally

‘The Law Society did not consult any experts in Sharia law before issuing the controversial practice note on Sharia-compliant wills that it was forced to withdraw last month, it has emerged.’

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Legal Futures, 8th December 2014

Source: www.legalfutures.co.uk

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Law Society withdraws guidance on sharia wills – The Guardian

Posted November 25th, 2014 in islamic law, Law Society, news, solicitors, wills by sally

‘The Law Society has withdrawn guidance on how to prepare sharia-compliant wills following criticism from solicitors and the justice secretary, Chris Grayling. Recorded debates about the procedures have also been removed from the society’s website.’

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The Guardian, 24th November 2014

Source: www.guardian.co.uk

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Ex-coroner John Owen jailed for five years for £1m theft – BBC News

‘The former coroner for Carmarthenshire who stole £1m from a dead man’s estate to “prop up” his struggling law firm has been jailed for five years.’

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BBC News, 14th November 2014

Source: www.bbc.co.uk

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