Maids Moreton: Ben Field jailed for author’s murder – BBC News

Posted October 18th, 2019 in murder, news, poisoning, sentencing, wills by tracey

‘A churchwarden who murdered an author to inherit his estate has been jailed for a minimum of 36 years.’

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BBC News, 18th October 2019

Source: www.bbc.co.uk

Godparent v guardian – Family Law

Posted October 8th, 2019 in children, guardianship, news, wills by tracey

‘Many parents assume that if they have appointed a godparent for their child, that the godparent will be able to step in to take care of the children if they were to die, but this is not the case.’

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Family Law, 7th October 2019

Source: www.familylaw.co.uk

Battle between stepsisters in ‘who died first’ dispute comes to an end – Family Law

Posted September 9th, 2019 in bereavement, families, financial dispute resolution, intestacy, news, wills by tracey

‘The “Commorientes Rule” is (meaning “simultaneous deaths”) found in Section 184 of the Law of Property Act 1925. This rule states that if two or more people die in circumstances where it is not possible to determine who died first, the younger is deemed to survive the elder.’

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Family Law, 6th September 2019

Source: www.familylaw.co.uk

Out of time Inheritance Act claim – use of standstill agreements and hope for late claims? – No. 5 Chambers

Posted August 29th, 2019 in appeals, news, time limits, trusts, wills by sally

‘In a decision handed down on 30th July 2019, the Court of Appeal have overturned a controversial first instance decision. Mostyn J had refused permission to bring a claim under s4 Inheritance (Provision for Family and Dependants) Act 1975. The substance of the claim under the Act related to whether a beneficial interest under a discretionary trust, rather than outright provision, failed to make reasonable provision for a spouse. The first instance decision created a stir because, among other findings, Mostyn J made obiter comments that it was not appropriate for parties to enter into ‘stand still agreements’ as an attempt to extend the 6-month time limit for bringing claims under the Act whilst negotiations were underway.’

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No. 5 Chambers, 7th August 2019

Source: www.no5.com

Court of Appeal highlights value of early neutral evaluation – Litigation Futures

‘Requiring parties to submit to early neutral evaluation (ENE) against their will is “not an obstruction to or constraint on” their access to the court, the Court of Appeal has ruled.’

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Litigation Futures, 21st August 2019

Source: www.litigationfutures.com

Court upholds ‘older died first’ principle in inheritance dispute – Law Society’s Gazette

Posted August 15th, 2019 in bereavement, expert witnesses, families, housing, news, wills by tracey

‘An inheritance dispute between two stepsisters hingeing on which of their parents died first has been resolved by the High Court, which ruled that the younger parent legally outlived the older.’

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Law Society's Gazette, 14th August 2019

Source: www.lawgazette.co.uk

A churchwarden who manipulated his elderly neighbours found guilty of murder – Crown Prosecution Service

Posted August 12th, 2019 in burglary, fraud, guilty pleas, murder, news, wills by tracey

‘A church warden who manipulated two elderly neighbours in order to benefit from their wills, has today been convicted of murder.’

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Crown Prosecution Service, 9th August 2019

Source: www.cps.gov.uk

Appeal allows stand-still agreement on claim 17 months out of time – Law Society’s Gazette

‘The Court of Appeal has overturned a decision to throw out a widow’s delayed application to claim from her late husband’s estate.’

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Law Society's Gazette, 1st August 2019

Source: www.lawgazette.co.uk

Stepsisters in High Court inheritance battle over which parent died first – Daily Telegraph

Posted June 26th, 2019 in bereavement, families, housing, news, wills by sally

‘The High Court has been asked to intervene in a £300,000 inheritance row between step siblings over which parent died first.’

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Daily Telegraph, 25th June 2019

Source: www.telegraph.co.uk

Brother beaten to death over Hemel Hempstead house will – BBC News

Posted June 7th, 2019 in families, murder, news, sentencing, wills by tracey

‘A man who admitted beating his older brother to death in a row over inheritance has been jailed for life.’

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BBC News, 6th June 2019

Source: www.bbc.co.uk

Inheritance battle “screams out” for judge-led ADR, says court – Litigation Futures

Posted June 3rd, 2019 in civil procedure rules, dispute resolution, executors, news, wills by sally

‘A battle between a widow and stepson over a large estate “cries, indeed screams out” for the kind of “robust, judge-led” processes used to settle family law disputes, a High Court judge has said.’

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Litigation Futures, 31st May 2019

Source: www.litigationfutures.com

The Inheritance Act and Adult Child Claimants – recent guidance from the Chancery Division – Family Law Week

‘Gwyn Evans, barrister of Tanfield Chambers, explains the court’s judgment in a recent Inheritance Act case involving an estranged adult claimant, reliant on state benefits, and defendants for whom inheritance was a windfall.’

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Family Law Week, 29th March 2019

Source: www.familylawweek.co.uk

The rise of ‘predatory marriages’ – Family Law

Posted March 29th, 2019 in bereavement, consent, elderly, families, intestacy, marriage, mental health, news, wills by tracey

‘Ethan Axelrod and Hayley Trim of Irwin Mitchell look at how vulnerable parents and a legal loophole are being exploited to rob families of their inheritance.’

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Family Law, 29th March 2019

Source: www.familylaw.co.uk

Diversion of a Business Opportunity: Recovery Partners & anor v Mr Rukhadze & ors [2018] EWHC 2918 (Comm) – Blackstone Chambers

‘The High Court recently had reason to consider liability where individuals, who owe fiduciary duties to a company, divert for themselves a business opportunity.’

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Blackstone Chambers, 25th February 2019

Source: www.employeecompetition.com

Sisters win High Court inheritance battle against millionaire brother – Daily Telegraph

Posted March 13th, 2019 in bereavement, families, news, wills by sally

‘Sisters who fought their millionaire brother for a share of their mother’s estate have won a High Court battle, after a judge agreed that her traditionalist husband forced her to change her will.’

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Daily Telegraph, 12th March 2019

Source: www.telegraph.co.uk

Judge calls halt on parties ‘stopping the clock’ on delays – Law Society’s Gazette

Posted March 5th, 2019 in bereavement, delay, news, time limits, wills by tracey

‘A widow has been refused permission to claim against the estate of her late husband after filing her application nearly 17 months out of time.’

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Law Society's Gazette, 5th March 2019

Source: www.lawgazette.co.uk

Woman who accompanied her husband to Dignitas will inherit his £1.8 million estate, judge rules in test case – Daily Telegraph

Posted February 22nd, 2019 in assisted suicide, forfeiture, married persons, news, wills by tracey

‘A woman who accompanied her husband to Dignitas can claim his £1.8 million estate, a High Court judge has ruled in a test case.’

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Daily Telegraph, 21st February 2019

Source: www.telegraph.co.uk

Discharging a Court of Protection Security Bond After P Dies – Radcliffe Chambers

Posted February 8th, 2019 in Court of Protection, enforcement, guardianship, news, surety, wills by sally

‘When a court appoints a person, S, to act as a deputy for a protected party, P, it can require S “to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions”. In practice, a court will almost always require S to provide security where (s)he will be managing P’s property and affairs. The purpose of the security is not to punish S, but instead to provide a “speedy and effective remedy” for P if S later defaults. Carefully crafted rules set out how S must provide the security, when S may start to execute their duties and how the Public Guardian can confirm that adequate security has been obtained.’

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Radcliffe Chambers, 4th February 2019

Source: www.radcliffechambers.com

The Residential Nil Rate Band: A Path through the Maze – Radcliffe Chambers

Posted December 12th, 2018 in inheritance tax, news, trusts, wills by sally

‘In late 2015, the Government introduced an additional nil rate band for inheritance tax purposes applying where a deceased person’s interest in their residence is “closely inherited” by their children and other descendants, known as the residential nil rate band (“RNRB”). The objective was to meet the criticism that the estates of persons, who are by no means wealthy, were being dragged into the inheritance tax net by virtue only of the historic rise in residential property prices.’

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Radcliffe Chambers, 5th December 2018

Source: www.radcliffechambers.com

Think of the Children! – Minors and reasonable financial provision – Hardwicke Chambers

Posted December 12th, 2018 in children, financial provision, news, wills by sally

‘On 27 July 2018, the High Court handed down judgment in the case of Ubbi v Ubbi [2018] EWHC 1396 (Ch). The judgment explored reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 in the context of minor children and serves as a necessary reminder to all to update your will.’

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Hardwicke Chambers, 14th November 2018

Source: hardwicke.co.uk