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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Government says ‘no’ to will-writing regulation – Legal Futures

Posted May 15th, 2013 in consumer protection, drafting, legal services, news, regulations, wills by sally

“The government has today rejected the Legal Services Board’s (LSB) recommendation that will-writing become a reserved legal activity.”

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Legal Futures, 14th May 2013

Source: www.legalfutures.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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‘Violent’ son faces £110,000 legal bill after court battle over will – Daily Telegraph

Posted March 12th, 2013 in costs, families, harassment, news, wills by sally

“A ‘violent’ man who coerced his mother into changing her will to leave him nearly all of her £350,000 fortune is facing a £110,000 legal bill after a judge set aside the will because of his ‘forceful’ nature.”

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Daily Telegraph, 12th March 2013

Source: www.telegraph.co.uk

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LSB recommends regulation of will-writing activities – Legal Services Board

Posted February 15th, 2013 in consumer protection, legal services, Legal Services Board, news, wills by sally

“The Legal Services Board is today [13 February] recommending to the Lord Chancellor that will writing activities should be made subject to regulation, so that the significant risks consumers currently face when using these critical services is reduced.”

Full story (PDF)

Legal Services Board, 13th February 2013

Source: www.legalservicesboard.org.uk

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Baronet’s son awarded £5.60 in £2.5m family castle sale row – Daily Telegraph

Posted November 22nd, 2012 in families, news, peerages & dignities, sale of land, trusts, wills by tracey

“The son of a baronet embroiled in a bitter legal dispute with his father over the sale of the family’s £2 million estate was yesterday awarded just £5.60 a year by the High Court.”

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Daily Telegraph, 21st November 2012

Source: www.telegraph.co.uk

 

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Will-writing should be reserved, super-regulator recommends – Law Society’s Gazette

Posted September 28th, 2012 in consumer protection, news, wills by tracey

“Will-writing, estate administration and probate should only be carried out by regulated legal professionals to give greater protection to consumers, the Legal Services Board has proposed.”

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Law Society’s Gazette, 27th September 2012

Source: www.lawgazette.co.uk

 

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Hughes and others v Bourne and others – WLR Daily

Posted August 2nd, 2012 in appropriation, law reports, trusts, wills by sally

Hughes and others v Bourne and others [2012] EWHC 2232 (Ch); [2012] WLR (D) 242

“The personal representatives’ power of appropriation under section 41(1) of the Administration of Estates Act 1925 was not confined to transactions of a contractual or quasi-contractual nature.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

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Regulate will-writing to avoid ‘race to the bottom’, Society urges – Law Society’s Gazette

Posted July 17th, 2012 in consultations, Law Society, news, wills by sally

“The Law Society today backed plans to extend the list of reserved activities to include will-writing and estate administration.”

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Law Society’s Gazette, 16th July 2012

Source: www.lawgazette.co.uk

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Carer found guilty of murdering elderly man in hammer attack – The Guardian

Posted July 16th, 2012 in carers, elderly, murder, news, sentencing, wills by sally

“A carer who ‘brutally’ beat an elderly man to death in a hammer attack after he changed his will to leave her a £340,000 legacy has been convicted of murder.”

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The Guardian, 13th July 2012

Source: www.guardian.co.uk

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Court of Protection Update – Family Law Week

Posted May 14th, 2012 in consent, Court of Protection, DNA, mental health, news, sexual offences, wills by sally

“Sally Bradley, Barrister, of 4 Paper Buildings analyses recent decisions in the Court of Protection relating to capacity to consent to sexual relations, DNA testing and statutory wills.”

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Family Law Week, 11th May 2012

Source: www.familylawweek.com

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‘Living wills’ need to be completely clear, rules judge – Daily Telegraph

Posted May 2nd, 2012 in assisted suicide, Court of Protection, medical ethics, news, wills by sally

“‘Living wills’ that stipulate exactly how a person wants to die should be drawn up with absolute clarity, a judge has ruled after concluding a 67-year-old man with motor neurone disease had made a ‘valid decision’ to refuse treatment.”

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Daily Telegraph, 1st May 2012

Source: www.telegraph.co.uk

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Writing a will with confidence – Legal Services Board

Posted April 23rd, 2012 in consumer protection, Legal Services Board, news, wills by sally

“The LSB is today announcing proposals to deliver greater protection to consumers of the legal services of will-writing and estate administration. These would see the services brought within the scope of legal services regulation, regardless of who provides them.”

Full story (PDF)

Legal Services Board, 23rd April 2012

Source: www.legalservicesboard.org.uk

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Will writing: call for industry-wide regulation – The Guardian

Posted April 23rd, 2012 in administrators, consumer protection, Legal Services Board, news, wills by sally

“All firms offering will writing and estate administration should be regulated to protect consumers from falling victim to fraudsters and cowboy companies offering badly drafted documents, according to latest research.”

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The Guardian, 23rd April 2012

Source: www.guardian.co.uk

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Phillips v Royal Society for the Protection of Birds and others – WLR Daily

Posted March 21st, 2012 in charities, law reports, wills by sally

Phillips v Royal Society for the Protection of Birds and others [2012] EWHC 618 (Ch); [2012] WLR (D) 88

“Where a corporation had been removed from the register of charities but had not been struck off and dissolved until after the death of the testatrix, a gift made in her will took effect notwithstanding that the corporation had ceased to exist.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

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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.”

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Legal Services Board, 15th March 2012

Source: www.legalservicesboard.org.uk

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Sir Malcolm Arnold’s carer wins battle on final music score – BBC News

Posted March 9th, 2012 in carers, news, undue influence, wills by tracey

“A carer who looked after the composer of the music for the Bridge On the River Kwai has won a High Court battle over his final work.”

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BBC News, 8th March 2012

Source: www.bbc.co.uk

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Mirror wills invalidated by signature mix-up, appeal judges rule – Law Society’s Gazette

Posted February 3rd, 2012 in married persons, mistake, news, wills by sally

“A simple mix-up when a husband and wife signed mirror wills 13 years ago means they have no value in law, the Court of Appeal ruled today. The ruling disinherits the couple’s intended heir and has left lawyers calling for a more flexible approach to probate law.”

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Law Society’s Gazette, 2nd February 2012

Source: www.lawgazette.co.uk

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Judge calls for law change over deathbed wills – Daily Telegraph

Posted February 1st, 2012 in evidence, news, wills, witnesses by sally

“A judge has called for a change in the law on deathbed wills after an eight-year legal wrangle over whether a dying man’s sister offered him a ‘steadying hand’ as he signed all his possessions over to her.”

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Daily Telegraph, 31st January 2012

Source: www.telegraph.co.uk

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Intestacy and Family Provision Claims on Death – Law Commission

Posted December 14th, 2011 in families, intestacy, news, wills by sally

“The Law Commission is making recommendations today to bring inheritance law into line with the needs and expectations of modern families, and simplify the law to help the bereaved deal with the property of a deceased family member.”

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Law Commission, 14th December 2011

Source: www.justice.gov.uk

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