Proving Missing Wills: Cooper and Anor v Chapman and Anor – St John’s Buildings

Posted May 23rd, 2022 in chambers articles, news, probate, wills by sally

‘In Re the estate of Cooper, deceased (probate); Cooper (a child, by her litigation friend) and another v Chapman and others [2022] EWHC 1000 (Ch), a draft will found on the Deceased’s computer after his death could be admitted to probate as his last will in circumstances where the executed will could not be located, and the fact that it could not be located did not mean that it should be presumed to have been revoked by the Deceased.’

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St John's Buildings, May 2022

Source: stjohnsbuildings.com

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

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St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

Judge excoriates “reckless and quite possibly dishonest” solicitor – Legal Futures

Posted February 1st, 2022 in news, probate, solicitors, undue influence, wills by sally

‘The way a solicitor went about preparing a £100m will was “reckless and quite possibly dishonest”, the High Court ruled yesterday.’

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Legal Futures, 1st February 2022

Source: www.legalfutures.co.uk

Raab eyes “drastic action” to keep family disputes out of court – Legal Futures

‘Justice secretary Dominic Raab is “in the market for something quite drastic and bold” to reduce the number of private law family cases in the courts, he said yesterday.’

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Legal Futures, 1st December 2021

Source: www.legalfutures.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

High Court rejects claim that ‘stern’ judge was hostile towards LiPs – Law Society’s Gazette

Posted April 19th, 2021 in appeals, bias, judges, litigants in person, news, probate, retrials by tracey

‘The High Court has thrown out the suggestion that a judge was biased against three litigants in person, saying the deputy master was stern and showed signs of impatience but handled the case in a “fair and open-minded way.”‘

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Law Society's Gazette, 16th April 2021

Source: www.lawgazette.co.uk

Remote hearing “did not stop witness admitting he had lied” – Litigation Futures

Posted March 30th, 2021 in coronavirus, deceit, news, probate, remote hearings, wills, witnesses by tracey

‘Holding a trial over the validity of a will remotely may have helped a witness admit that the contents of his affidavit were not true, the High Court has suggested.’

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Litigation Futures, 30th March 2021

Source: www.litigationfutures.com

Contentious Wills & Probate Part III – Parklane Plowden Chambers

Posted February 19th, 2021 in chambers articles, forfeiture, news, probate, wills by sally

‘Last year there were two reported decisions in respect of the forfeiture rule. These are worth mention given the rarity of reported cases in this area.’

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Parklane Plowden Chambers, 17th February 2021

Source: www.parklaneplowden.co.uk

Contentious Wills & Probate Case Law Roundup 2020: Part II – Parklane Plowden Chambers

Posted February 19th, 2021 in chambers articles, news, probate, wills by sally

‘Two validity cases in particular stood out last year and both turned on whether or not a testator suffered from “insane delusions” rendering their wills invalid. There are fewer reported cases giving guidance on this strand of the Banks v Goodfellow test (most cases I deal with revolve around old age psychiatry) so these recent cases are worth some scrutiny.’

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Parklane Plowden Chambers, 12th February 2021

Source: www.parklaneplowden.co.uk

Remote Witnessing of Wills During the COVID-19 Pandemic – Parklane Plowden

Posted December 7th, 2020 in chambers articles, coronavirus, fraud, news, probate, undue influence, wills by sally

‘There has unsurprisingly been an uprise in the number of people making wills since the start of the COVID-19 pandemic, though social distancing measures have created problems for people in terms of complying with the witnessing requirements of section 9 of the Wills Act 1837 (“the Wills Act”).’

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Parklane Plowden, 10th November 2020

Source: www.parklaneplowden.co.uk

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

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

Why the rise in contentious probate cases is set to continue – Legal Futures

Posted July 7th, 2020 in fees, law firms, news, probate, wills by sally

‘There is no doubt that contentious probate work is growing. We do not like paying more than a couple of hundred pounds for a will, but then are seemingly happy to spend thousands taking our relatives to court, and the two do not sit happily together.’

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Legal Futures, 6th July 2020

Source: www.legalfutures.co.uk

Cardiff youth offending service ‘inadequate’ – BBC News

Posted July 2nd, 2020 in news, probate, Wales, young offenders by tracey

‘Every part of Cardiff Youth Offending Service (YOS) has been rated “inadequate” by inspectors. It was given the lowest possible performance rating by HM Inspectorate of Probation and told to improve every aspect of its work.’

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BBC News, 2nd July 2020

Source: www.bbc.co.uk

Special Dispensations: coronavirus puts informal wills back on the agenda – Hardwicke Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, news, probate, wills by sally

‘The exigencies of the coronavirus pandemic, which has led to a high demand for will writing services, and the challenges of meeting that demand whilst observing social distancing, have brought the issue of will reform into sharp focus. At a time when technology provides a solution to so many of the problems that we currently face, the insistence on wet ink and the physical presence of witnesses for the making of a valid will appears increasingly archaic. Citing the dignity and peace of mind that putting one’s affairs in order brings and the urgent need people have to make provision for those they may leave behind, Gina Miller and Baroness Helena Kennedy QC have this month called on the government to extend the provisions relating to privileged (wartime) wills to the current situation so as to allow purely oral testamentary statements to be admitted to probate.’

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Hardwicke Chambers, 3rd June 2020

Source: hardwicke.co.uk

CFA Uplifts in Inheritance Act Claims: recent developments – St John’s Buildings

Posted May 19th, 2020 in costs, fees, news, probate by sally

‘Conditional fee agreements have been a facet of contentious probate and estates litigation for many years and are, in many cases, the only realistic way for disappointed beneficiaries to fund litigation. This is particularly true of claims under the Inheritance (Provision for Family and Dependants) Act 1975.’

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St John's Buildings, May 2020

Source: stjohnsbuildings.com

Solicitor got client to pay cheque into personal account – Legal Futures

Posted March 3rd, 2020 in disciplinary procedures, news, probate, solicitors by sally

‘A solicitor who persuaded a vulnerable client to pay £4,700 into her personal bank account, pretending the money would be spent on repairs to a property had inherited, has been struck off.’

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Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

Solicitor took 15 years to finish distributing estate – Legal Futures

Posted December 2nd, 2019 in delay, disciplinary procedures, fines, news, probate, solicitors by sally

‘A veteran solicitor who failed to complete several probate matters promptly – with one taking 15 years – has been fined by a tribunal.’

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Legal Futures, 2nd December 2019

Source: www.legalfutures.co.uk

Blockchain offers the law “enormous opportunities” – Legal Futures

Posted October 24th, 2019 in contracts, conveyancing, electronic commerce, legal services, news, probate by sally

‘The buzz around distributed ledger technology (DLT), including blockchain, is much more than hype and the tech will eventually transform conveyancing and probate, an academic specialising in innovation has indicated.’

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Legal Futures, 24th October 2019

Source: www.legalfutures.co.uk

Children being ‘set up to fail’ on release from custody by authorities, watchdog finds – The Independent

‘Children jailed for criminal offences are being “set up to fail” by authorities who fail to give them the support they need to stop offending, a watchdog has found. Half of the 12 to 17-year-old boys whose cases were examined by HM Inspectorates of Probation and Prisons, were being investigated by police again within three months of being released from young offender institutions.’

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The Independent, 8th October 2019

Source: www.independent.co.uk