Will disputes – Mills & Reeve

Posted January 17th, 2023 in executors, news, powers of attorney, probate, wills by sally

‘It’s becoming more and more common to see disputes over inheritance. In 2019, 188 cases of challenging Wills reached the High Court, a dramatic increase of 47% from cases in 2018. In fact, it is now estimated that 3 in 4 people are likely to encounter such a dispute within their lifetimes. It is more important than ever therefore to be aware of the grounds upon which a Will may be challenged.’

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Mills & Reeve, 16th January 2023

Source: www.mills-reeve.com

Disputes with executors and how to resolve them – Family Law

Posted December 15th, 2022 in bereavement, dispute resolution, executors, news, wills by tracey

‘As a solicitor dealing with will disputes, I know that beneficiaries can sometimes feel deeply frustrated by the behaviour of an executor (also called a “personal representative”) of a will. The emotional fallout from a bereavement sometimes leads to a toxic atmosphere and relationships can quickly sour. Very often this situation arises where executors and/or beneficiaries are not entirely sure of their rights and responsibilities.’

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Family Law, 12th December 2022

Source: www.familylaw.co.uk

A Claimant’s Right To Apply for Further Damages Under a PDO Passes, on Death, to Their Estate and May Be Advanced by the Executor – Ropewalk Chambers

‘On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek further damages under a PDO passes, on their death, to their estate, a finding previously made by HHJ Roberts in his judgment in Guilfoyle v North Middlesex University Hospitals NHS Trust (County Court at Central London, 4 April 2018).’

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Ropewalk Chambers, 1st August 2022

Source: www.ropewalk.co.uk

‘Experienced’ LiP refused adjournment for pro bono counsel’s unavailability – Law Society’s Gazette

Posted November 30th, 2021 in adjournment, executors, litigants in person, negligence, news, pro bono work by tracey

‘A High Court judge has refused a litigant’s plea to adjourn a hearing date on the basis his preferred barrister was double booked on that date.’

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Law Society's Gazette, 30th November 2021

Source: www.lawgazette.co.uk

Why can’t we read Prince Philip’s Will? – Transparency Project

Posted September 27th, 2021 in executors, news, probate, royal family, wills by sally

‘The Royal Family in modern times live very public lives. Core members seem to have been bred in captivity, like exotic fish in an open aquarium, some of whose waters are murkier than others, but almost all of which will sooner or later be publicly visible.’

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Transparency Project, 26th September 2021

Source: www.transparencyproject.org.uk

Company Law: What happens on the death of a shareholder? – Bloomsbury Professional Law Online Blog

Posted August 5th, 2021 in company law, executors, inheritance tax, news, shareholders by sally

‘According to the office of national statistics, sole proprietor businesses and partnerships are decreasing and the use of private limited companies is increasing. 72.5% of total UK businesses are either private or public limited companies – London remains the region with the largest number of such businesses with 19.2% of the UK total.’

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Bloomsbury Professional Law Online Blog, 4th August 2021

Source: law.bloomsburyprofessional.com

Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Radcliffe Chambers

‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’

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Radcliffe Chambers, 21st July 2021

Source: radcliffechambers.com

Appeal judges back higher costs where claimant has died – Law Society’s Gazette

‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Court rejects appeal from solicitor struck off for gross overcharging – Legal Futures

Posted May 18th, 2021 in costs, disciplinary procedures, executors, news, remuneration, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off after charging an estate where he was sole executor over eight times the reasonable remuneration to which he was entitled under the will.’

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Legal Futures, 18th May 2021

Source: www.legalfutures.co.uk

Defendant can resile from part 36 offer accepted before protected party’s death – Litigation Futures

‘It would be unjust for a defendant to be bound by the acceptance of a six-year-old part 36 offer on behalf of a protected party just hours before their death, the High Court has indicated.’

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Litigation Futures, 22nd April 2021

Source: www.litigationfutures.com

Court: “No need for City lawyer” in professional executor tussle – Legal Futures

Posted November 4th, 2020 in budgets, costs, executors, fees, news, probate, wills by tracey

‘The High Court has ruled that there was no need for a more expensive City lawyer to be appointed a professional executor in preference to one from the Home Counties in a straightforward probate.’

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Legal Futures, 4th November 2020

Source: www.legalfutures.co.uk

Recovery against insolvent estates – The 36 Group

‘Local authorities frequently have cause to seek recovery of sums owing from the estates of deceased persons, particularly (but not exclusively) in relation to care home fees owed by the deceased.’

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The 36 Group, 26th October 2020

Source: 36group.co.uk

Inheritance delays causing financial hardship for the bereaved – The Independent

Posted October 7th, 2020 in bereavement, coronavirus, delay, executors, families, news, probate, wills by tracey

‘With probate applications now taking three times longer to approve, more than 8,000 estates remain unclaimed.’

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The Independent, 6th October 2020

Source: www.independent.co.uk

Solicitor who raided client’s estate to pay debts is struck off – Legal Futures

‘A solicitor who used £100,000 from a client’s estate to pay debts to HM Revenue & Customs and an indemnity insurer before closing his firm has been struck off.’

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Legal Futures, 16th September 2020

Source: www.legalfutures.co.uk

I do declare! Could a test case on remote witnessing wills be brought before death? – Hardwick Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, executors, news, wills by sally

‘In this post, I address the question of whether or not a test case on remote witnessing could be brought now by a testator who has attempted to make a will using videoconferencing technology.’

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Hardwicke Chambers, 1st June 2020

Source: hardwicke.co.uk

Solicitor and wife witness client’s will via WhatsApp video – Legal Futures

Posted June 3rd, 2020 in coronavirus, executors, news, solicitors, telecommunications, wills by sally

‘A solicitor and his wife have used WhatsApp video to witness a will made by a man who was very ill with Covid-19, it has emerged.’

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Legal Futures, 2nd June 2020

Source: www.legalfutures.co.uk

Dealing with estate administration – Family Law

‘It is the job of Executors (appointed under a Will) or Administrators (entitled by law where there is no Will) to deal with administering the estate of someone who has died.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

Administration of estates involving land during the pandemic – The 36 Group

Posted May 12th, 2020 in coronavirus, executors, news, rent, repossession, sale of land by sally

‘It is common for the estates of deceased persons to have as part of their assets land occupied by persons other than the personal representatives. This property might comprise residential or business premises let to tenants and generating an income for the estate, or, a common case, property occupied by the deceased together with a licensee (such as an adult child of the deceased) until death and which continues to be occupied by that licensee after death. The circumstances of the pandemic and its attendant legislation may complicate dealings with such premises, and those complications are considered here.’

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The 36 Group, 27th April 2020

Source: 36group.co.uk

Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk

‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’

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12 King's Bench Walk, 14th February 2020

Source: www.12kbw.co.uk

SDT clears partner in “accidental overcharging” case – Legal Futures

‘A former head of private client accused of overcharging an estate by up to £30,000 when acting as executor has been cleared of misconduct by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 12th February 2020

Source: www.legalfutures.co.uk