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

Workshy dairy farmer son who ‘hates cows’ loses out on £1m inheritance – Daily Telegraph

Posted November 29th, 2018 in agriculture, families, news, wills by tracey

‘A dairy farmer’s workshy son who “hated the herd” and “made cows nervous” will be thrown out of his home after losing a High Court claim to inherit his parents’ £1million farm.’

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Daily Telegraph, 29th November 2018

Source: www.telegraph.co.uk

Relationships as seen in the eyes of the law – Family Law

‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’

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Family Law, 13th November 2018

Source: www.familylaw.co.uk

Online will providers 77% cheaper than solicitors – Legal Futures

Posted November 1st, 2018 in fees, internet, Law Commission, news, probate, solicitors, statistics, wills by sally

‘Online will providers are 77% cheaper than solicitors on average, new research has found.’

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Legal Futures, 1st November 2018

Source: www.legalfutures.co.uk

Ilott v Mitson (no. 2) revisited – Zenith PI

Posted September 27th, 2018 in appeals, families, news, Supreme Court, wills by tracey

‘At long last, 18 months after the judgments were delivered, Ilott v Mitson has reached the Law Reports – [2018] AC 554. It gives an opportunity to look again at some of the views expressed by the Supreme Court in what was and may well remain the one and only time that the interpretation of the Inheritance (Provision for Family and Dependants) Act 1975 was considered by the Supreme Court.’

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Zenith PI, 25th September 2018

Source: zenithpi.wordpress.com

Coercive abuse and how a private client lawyer can help – Family Law

‘Coercive abuse became a criminal offence under the Serious Crimes Act in 2015. We define coercive abuse as the act of coercive or controlling behaviour in an intimate or family relationship.’

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Family Law, 25th September 2018

Source: www.familylaw.co.uk

Myra Hindley’s private documents reveal graphic details of Ian Brady’s sadistic abuse and violent rapes – The Independent

Posted September 21st, 2018 in child abuse, murder, news, rape, wills by tracey

‘Private documents handed over by Myra Hindley just hours before her death reveal the hatred between her and Ian Brady – as she accused him of drugging, raping and beating her.’

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The Independent, 21st September 2018

Source: www.independent.co.uk

Akhter v Khan: Islamic marriages and will disputes – Family Law

Posted September 3rd, 2018 in islamic law, marriage, news, wills by sally

‘A recent family law case has highlighted a hole in the legal protection of Islamic couples whose ‘marriage’ may be considered a void marriage in English law, or may not be a marriage at all.’

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Family Law, 30th August 2018

Source: www.familylaw.co.uk

Businessman’s £3.5m estate challenged by infants – Law Society’s Gazette

Posted August 16th, 2018 in children, news, wills by sally

‘Solicitors have again warned on the importance of updating wills after a man’s estate was challenged by his young children – in an unusual case surrounding reasonable provision for infants.’

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Law Society's Gazette, 15th August 2018

Source: www.lawgazette.co.uk

Vexatious ex-solicitor “said first thing that came into her head” – Legal Futures

Posted August 10th, 2018 in drafting, news, solicitors, vexatious litigants, wills, witnesses by sally

‘A struck-off solicitor called to give evidence over a will she drafted often said “the first thing that came into her without reflecting on whether it was correct”, the High Court has found.’

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Legal Futures, 9th August 2018

Source: www.legalfutures.co.uk

Capacity on the cobbles, Coronation Street’s inheritance dispute storyline – Family Law

Posted August 9th, 2018 in gifts, intestacy, mental health, news, wills by tracey

‘As Coronation Street fans will know, Aidan Connor (played by Shayne Ward) tragically committed suicide earlier this year. Following his death, his family were shocked to discover that he left his share of his business, Underworld, to his friend and former business partner Alya Nazir. Aidan’s half-sister, Carla Connor, was particularly outraged by this. She had gifted her interest in the business to Aidan earlier in the year, after he had made his will but before his death. Carla and family consulted a local solicitor, Adam Barlow, who suggested that they could challenge the will on the grounds that Aidan lacked capacity due to depression.’

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Family Law, 8th August 2018

Source: www.familylaw.co.uk

Against their will? – New Law Journal

Posted July 31st, 2018 in forced marriages, mental health, news, wills by sally

‘Constance McDonnell uncovers a surprising scenario in the area of probate law.’

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New Law Journal, 20th July 2018

Source: www.newlawjournal.co.uk

Cecil Parkinson’s disabled child in ‘financial hardship’ – BBC News

Posted May 9th, 2018 in disabled persons, litigation friends, news, wills by tracey

‘The disabled daughter of the late Conservative Party chairman Cecil Parkinson is living in “serious financial hardship”, a court has heard.

The latest hearing was to determine if Sara Keays could make legal decisions on behalf of her 34-year-old daughter.’

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BBC News, 8th May 2018

Source: www.bbc.co.uk

Carer who guided dying City banker’s hand as he signed over half of fortune to her stripped of windfall – Daily Telegraph

Posted May 1st, 2018 in carers, costs, news, wills by tracey

‘A carer who guided the pen of a dying millionaire as he signed over almost half his fortune to her family has been stripped of her windfall by a judge.’

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Daily Telegraph, 30th April 2018

Source: www.standard.co.uk

Foreign assets: should you try to cover everything under one will? – Family Law

Posted April 18th, 2018 in foreign jurisdictions, news, wills by sally

‘If you own assets in more than one jurisdiction, should you try to cover everything under one will, or should you have a separate will in each jurisdiction?’

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Family Law, 17th April 2018

Source: www.familylaw.co.uk

Cohabitant entitled to slice of partner’s £1.5m estate, judge rules – Law Society’s Gazette

Posted April 9th, 2018 in cohabitation, news, wills by tracey

‘The High Court has ruled in favour of a woman who received nothing from her late partner’s £1.5 million estate, in a judgment that will again spark debate about the law on inheritance.’

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Law Society's Gazette, 6th April 2018

Source: www.lawgazette.co.uk

Daughter ordered to take DNA test to prove she has an interest in her late father’s estate – Family Law

Posted March 13th, 2018 in consent, DNA, families, jurisdiction, news, paternity, wills by sally

‘Colin Birtles died without a will in 2013. He was survived by his two daughters, Lorraine Freeman and Janice Nield-Moir. Unbeknown to her elder sister, Mrs Freeman successfully applied for letters of administration to enable her to manage and distribute his estate, amounting to his terraced house in Oldham and a small amount of cash. According to the rules of intestacy, Mr Birtles estate should be divided equally between the two sisters.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

Mutual wills: a warning – Family Law

Posted February 12th, 2018 in constructive trusts, news, wills by tracey

‘In the case of Legg and others v Burton and others [2017] EWHC 2088 (Ch) the claimants, children of Mrs Clark, successfully established a constructive trust under the doctrine of mutual wills. This had the effect of making invalid the 13 subsequent wills the deceased made between 2004 and 2014, after her husband died. It was held by His Honour Judge Matthews in the Chancery Division of the Bristol District Registry that the wills Mrs Clark made with her husband in mirror terms in 2000 were mutual wills and as such there was a binding agreement with her husband, which she could not go back on after his death.’

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Family Law, 9th February 2018

Source: www.familylaw.co.uk

The perils of an outdated will – Family Law

Posted February 1st, 2018 in appeals, cohabitation, financial provision, news, wills by tracey

‘The case of Martin v Williams [2017] EWHC 491 (Ch), [2018] 1 FLR 125 concerned the right of a cohabitee to make a claim for financial provision from her partner’s estate. It serves as a useful reminder of the problems that can arise when a testator fails to update his or her will following a change in circumstances.’

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Family Law, 30th January 2018

Source: www.familylaw.co.uk