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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Routier and another v Revenue and Customs Commissioners – WLR Daily

Posted October 31st, 2014 in charities, inheritance tax, Jersey, jurisdiction, law reports, trusts, wills by sally

Routier and another v Revenue and Customs Commissioners [2014] EWHC 3010 (Ch); [2014] WLR (D) 449

‘For a transfer under a will to be exempt from inheritance tax because it was to be “held on trust for charitable purposes” within the meaning of section 23(6) of the Inheritance Tax Act 1984 the relevant trust had to be subject to the jurisdiction of the United Kingdom courts.’

WLR Daily, 18th October 2014

Source: www.iclr.co.uk

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Man jailed for swindling brother out of share of £1.5m inheritance – The Guardian

Posted October 27th, 2014 in assets recovery, fraud, news, proceeds of crime, sentencing, trusts, wills by sally

‘A husband who swindled his brother out of a share of a £1.5m inheritance after his parents died has been jailed for four years and four months.’

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The Guardian, 24th October 2014

Source: www.guardian.co.uk

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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.

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New Square Chambers, 2nd October 2014

Source: www.newsquarechambers.co.uk

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