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.’

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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.’

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Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk

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Islamic law to be enshrined in British law as solicitors get guidelines on ‘Sharia compliant’ wills – The Independent

Posted March 24th, 2014 in codes of practice, islamic law, Law Society, news, rule of law, solicitors, wills by sally

‘Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.’

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The Independent, 23rd March 2014

Source: www.independent.co.uk

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Man forged mother’s signature to cut sister from will – Daily Telegraph

Posted March 14th, 2014 in forgery, news, wills by tracey

‘A man who accused his unemployed sister of waiting for their mother to die so she could cash in on her inheritance forged the signature on his parent’s will when she lay on her deathbed, a judge has ruled.’

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Daily Telegraph, 13th March 2014

Source: www.telegraph.co.uk

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Solicitor coroner struck off over £2m theft from clients to fund lavish lifestyle – Legal Futures

Posted March 12th, 2014 in compensation, costs, disciplinary procedures, executors, fraud, news, solicitors, theft, wills by tracey

‘A Gloucestershire solicitor who also served as the county’s coroner has been struck off after taking nearly £2m from clients to fund an extravagant lifestyle.’

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Legal Futures, 11th March 2014

Source: www.litigationfutures.com

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Farmer’s daughter sues parents for slice of £7 million estate claiming she tended cows while sisters went dancing – Daily Telegraph

Posted March 11th, 2014 in agriculture, appeals, families, news, wills by tracey

‘A dairy farmer’s daughter who claims she led a Cinderella existence tending the cows while her teenage siblings went dancing is suing her elderly parents for a share of their £7million estate.’

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Daily Telegraph, 10th March 2014

Source: www.telegraph.co.uk

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Ilott v Mitson [2014] EWHC 542- Appeal with caution – Zenith Chambers

Posted March 10th, 2014 in appeals, financial provision, news, wills by sally

‘On 3 March 2014 Mrs Justice Parker handed down judgment in the appeal on the issue of quantum in the case of Ilott v Mitson [2014] EWHC 542 (Fam). The case concerned an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).’

Full story

Zenith Chambers, 6th March 2014

Source: www.zenithchambers.co.uk

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In re Robson, decd; White v Matthys and others – WLR Daily

Posted February 12th, 2014 in executors, interpretation, law reports, political parties, wills by sally

In re Robson, decd; White v Matthys and others [2014] WLR (D) 54

‘A residuary legatee’s chose in action was “property” for the purposes of the Political Parties, Elections and Referendums Act 2000. Therefore, where a person who was not a permissible donor left the residue of his estate to a registered political party, and that party received and accepted the gift, the prohibition on foreign donations in section 54 of the 2000 Act was breached.’

WLR Daily, 31st January 2014

Source: www.iclr.co.uk

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Wills “mix-up” case – no reason for a flood of litigation – Halsbury’s Law Exchange

Posted February 7th, 2014 in mistake, news, rectification, solicitors, wills by tracey

‘Would it be a fantasy too far to imagine that the ghost of the late Lord Denning has been whispering in the ears of their Lordships Neuberger, Clarke, Sumption, Carnwath and Hodge? Possibly not, given the Denning-esque outcome in the wills “mix-up” case of Marley v Rawlings and another. The facts of the case were simple. Mr and Mrs Rawlings wanted mirror wills leaving everything to each other and thereafter to Terry Marley who they treated as a son. On 17 May 1999 their solicitor visited them with drafted wills for the purpose of execution. However, Mr Rawlings executed Mrs Rawlings’ will and vice versa. Both wrongly executed wills were witnessed by their solicitor and a secretary. Each will correctly used such relevant words as “his”, “her”, “testator” and “testatrix”.’

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Halsbury’s Law Exchange, 6th February 2014

Source: www.halsburyslawexchange.co.uk

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Will writer Keith Webber guilty of stealing £280,000 from clients – BBC News

‘A will writer who stole more than £280,000 from clients over nearly three years has been found guilty of fraud.’

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BBC News, 4th February 2014

Source: www.bbc.co.uk

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Supreme Court rules will is valid despite admin error – Daily Telegraph

Posted January 24th, 2014 in appeals, mistake, news, rectification, Supreme Court, wills by sally

‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’

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Daily Telegraph, 23rd January 2014

Source: www.telegraph.co.uk

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Marley v Rawlings and another – WLR Daily

Posted January 23rd, 2014 in appeals, law reports, rectification, Supreme Court, wills by sally

Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18

A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

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Marley (Appellant) v Rawlings and another (Respondents) – Supreme Court

Posted January 23rd, 2014 in appeals, law reports, rectification, Supreme Court, wills by sally

Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

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Solicitor jailed after stealing £2m from his clients and their families – Daily Telegraph

‘The victims of a corrupt solicitor and former Coroner who stole from their loved ones’ estates have been left asking how he managed to get away with it for so long.’

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Daily Telegraph, 15th December 2013

Source: www.telegraph.co.uk

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Sons of man who left fortune to BNP in court battle to claim money – Daily Telegraph

Posted December 13th, 2013 in families, news, political parties, wills by sally

‘When English man died in Spain he bequeathed his entire estate worth £389,000 to the British National Party, court hears.’

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Daily Telegraph, 12th December 2013

Source: www.telegraph.co.uk

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