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

Court of appeal to hear challenge over media ban from Prince Philip’s will court case – The Guardian

Posted January 24th, 2022 in appeals, media, news, reporting restrictions, royal family, wills by tracey

‘A legal challenge over a decision to ban media organisations from a court case about the Duke of Edinburgh’s will is to be heard by the court of appeal.’

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The Guardian, 24th January 2022

Source: www.theguardian.com

Video-witnessed wills extended until 2024 – Law Society’s Gazette

‘Legislation introduced during the pandemic allowing wills to be witnessed over Zoom and Skype will be extended until January 2024, the government announced today.’

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Law Society's Gazette, 11th January 2022

Source: www.lawgazette.co.uk

Does the law on predatory marriage need to change? – Family Law

Posted January 10th, 2022 in consent, elderly, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

Judicial decision-making: case studies from Biblical times and now: The Rt Hon. Lady Rose of Colmworth DBE – Supreme Court

Posted December 14th, 2021 in human rights, Judaism, judiciary, lectures, reporting restrictions, trusts, wills by tracey

‘Judicial decision-making: case studies from Biblical times and now – The Rt Hon Lady Rose of Colmworth DBE”

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Supreme Court, 1st December 2021

Source: www.supremecourt.uk

Prince Philip’s will: legal battle launched over media exclusion from hearing – The Guardian

Posted November 18th, 2021 in attorney general, media, news, private hearings, public interest, royal family, wills by tracey

‘Legal action against the attorney general and the Queen’s private lawyers has been initiated over a decision to ban media organisations from a court hearing about the Duke of Edinburgh’s will.’

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The Guardian, 18th November 2021

Source: www.theguardian.com

Does the law on predatory marriage need to change? – Family Law

Posted November 8th, 2021 in consent, families, forced marriages, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 5th November 2021

Source: www.familylaw.co.uk

When is an order under s48 AJA appropriate? That’s a matter of opinions – Wilberforce Chambers

Posted November 2nd, 2021 in interpretation, legal advice, news, trusts, wills by sally

‘S48(1) of the Administration of Justice Act 1985 empowers the High Court to authorise personal representatives or trustees to take action on the basis of counsel’s opinion where any question of construction has arisen out of the terms of a will or trust. The opinion must be given by counsel with a minimum of 10-years High Court qualification. If so authorised, the personal representative or trustee will be protected from liability for mismanagement of the estate or breach of trust.’

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Wilberforce Chambers, 21st October 2021

Source: www.wilberforce.co.uk

CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette

Posted October 18th, 2021 in appeals, costs, debts, fees, news, trusts, wills by tracey

‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’

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Law Society's Gazette, 15th October 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

Prince Philip’s will to remain secret for 90 years, high court rules – The Guardian

Posted September 17th, 2021 in constitutional law, news, privacy, royal family, wills by tracey

‘The Duke of Edinburgh’s will is to remain secret to protect the “dignity” of the Queen because of her constitutional role, the high court has ruled. Philip – the nation’s longest-serving consort – died aged 99 on 9 April, just two months before he would have turned 100.’

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The Guardian, 17th September 2021

Source: www.theguardian.com

‘How does a jointly held property pass on death?’ – Family Law

Posted September 3rd, 2021 in housing, inheritance tax, news, succession, wills by tracey

‘When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common.’

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Family Law, 31st August 2021

Source: www.familylaw.co.uk

Implied Revocation of Deeds of Appointment? Equiom v Velarde – Wilberforce Chambers

Posted August 6th, 2021 in chambers articles, news, wills by sally

‘In the recent case of Equiom (Isle of Man) Ltd v Velarde [2021] EWHC 1528 (Ch) it was held that a wide power of appointment contained in a will had the effect of impliedly revoking previous deeds of appointment and making a new appointment. This case concerns the will (“the Will”) of a Mrs Patricia Moores, who died in 2017, and a settlement created many years before by her father (“the Settlement”). During her lifetime Mrs Moores had a special power of appointment over property in a sub-fund of the Settlement. The power could be exercised by deeds revocable or irrevocable, or by will or codicil.’

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Wilberforce Chambers, 5th August 2021

Source: www.wilberforce.co.uk

Council wins Supreme Court appeal over claim of £1.2m from heirs of school benefactor – Local Government Lawyer

‘The Supreme Court has allowed Oxfordshire County Council’s appeal in a case in which a family said the sale of school land worth £1.2m, which was gifted to the council by their late family member, was unlawful.’

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Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.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

Court refuses to approve tainted fiduciary decision making (Schumacher v Clarke) – New Square Chambers

Posted February 18th, 2021 in charities, conflict of interest, fiduciary duty, news, trusts, wills by sally

‘The court was faced with a category 2 and 3 Public Trustee v Cooper application principally for the approval of a momentous decision. The court was initially asked to approve the entirety of a settlement reached between four trustees split into two camps but later asked to approve only the dispositive elements of the settlement. The settlement unusually resolved disputes between the trustees rather than between trustees and beneficiaries or third parties. The court was concerned with mutual allegations of inappropriate action as fiduciaries and the failure of both sides to manage conflicts of interest in arriving at a settlement. After stressing that such factors could impair the decision reached and which the court was asked to approve, the court refused its approval of part of the settlement. Written by James Saunders, barrister, at New Square Chambers.’

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New Square Chambers, 11th February 2021

Source: www.newsquarechambers.co.uk

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

Posted February 18th, 2021 in fees, financial provision, news, repossession, wills by sally

‘In Part I of our three-part series of key caselaw updates in contentious wills, Anna Metcalfe discusses the Inheritance (Provision for Family and Dependants) Act 1975.’

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Parklane Plowden Chambers, 8th February 2021

Source: www.parklaneplowden.co.uk