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

Transferring property out of a deceased’s estate to an unmarried partner (Lewis v Warner) – Family Law

Posted January 18th, 2018 in appeals, cohabitation, financial provision, news, wills by tracey

‘Roger Evans, barrister at Harcourt Chambers, says that Lewis v Warner is an interesting demonstration of the courts exercising their jurisdictional powers in the transfer of property under the Inheritance (Provision for Family and Dependants) Act 1975.’

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Family Law, 17th January 2018

Source: www.familylaw.co.uk

Burial law should be reformed to stop family rows, says Law Commission – Daily Telegraph

Posted December 15th, 2017 in burials and cremation, families, news, wills by tracey

‘The law must be changed to stop families ignoring the burial wishes of the dead, the Law Commission has said. Currently someone’s wishes have no legal standing even if expressed in a will and family members can overrule them after death if they decide to do something different.’

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Daily Telegraph, 14th Decemeber2017

Source: www.telegraph.co.uk

Cheers for The Crown makers as, 45 years on, Duke of Windsor’s will to be unsealed – Daily Telegraph

Posted November 16th, 2017 in news, royal family, wills by tracey

‘With a scandalous abdication, colourful love life and rift with his relatives, the life of the Duke of Windsor was not short of private information to fascinate the public.
More than 40 years after his death, it appears, there may be more to learn, as a senior judge has ruled that the contents of his will can be unsealed for the first time.
The will of the Duke, who was King Edward VIII until his abdication in December 1936, will be unsealed for the benefit of the Royal Archives, after a keeper applied to the Family Division of the High Court to beg special permission.’

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Daily Telegraph, 15th November 2017

Source: www.telegraph.co.uk

Ex-boyfriend of murdered antiques dealer is jailed for forging her will – Daily Telegraph

Posted October 5th, 2017 in forgery, news, sentencing, wills by tracey

‘An antiques dealer murdered on her driveway had sought a non-molestation order weeks before her death against her ex-boyfriend who was jailed on Wednesday for faking her will, a court heard.’

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Daily Telegraph, 4th October 2017

Source: www.telegraph.co.uk

Who Knows Where the Time Goes? The Recent Decision on Limitation and Contingent Loss in Osborne v. Follett Stock [2017] EWHC 1811 – 4 New Square

‘On Thursday 13 July 2017, following the trial of a preliminary issue of limitation, HH Judge Paul Matthews handed down judgment in Osborne v. (1) Follett Stock (a firm); (2) Follett Stock LLP.’

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4 New Square, 19th July 2017

Source: www.4newsquare.com

Law reform could cause more challenges to wills – Law Society’s Gazette

Posted July 19th, 2017 in consultations, elderly, Law Commission, legislation, news, solicitors, wills by sally

‘National organisation Solicitors for the Elderly has raised concerns at proposals to overhaul the laws governing will writing claiming, saying reform will result in more court action.’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

Outdated law of wills needs “overhaul” to reflect modern world – Law Commission

Posted July 13th, 2017 in consultations, Law Commission, legislation, news, wills by tracey

‘The outdated law of wills needs an overhaul according to the Law Commission.’

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Law Commission, 13th July 2017

Source: www.lawcom.gov.uk

Digital legacies need legal protection say lawyers – Law Society’s Gazette

Posted June 8th, 2017 in executors, internet, news, wills by sally

‘Solicitors and legal academics have called for new powers enabling people to decide what happens to their digital legacy when they die, including by making a provision for online data to be included in wills.’

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Law Society's Gazette, 7th June 2017

Source: www.lawgazette.co.uk

Willpower & determination – New Law Journal

‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Pensioner, 86, hatched “shameless” plot to cheat elderly brother out of £900k, judge says – Daily Telegraph

Posted May 25th, 2017 in families, news, wills by tracey

‘An 86-year-old widower who claimed his sister gave him her £900,000 house on her deathbed has been slammed by a judge for his “shameless sense of entitlement”.’

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Daily Telegraph, 24th May 2017

Source: www.telegraph.co.uk

Top judge struggling to stem woman’s efforts to unseal Princess Margaret’s will – Litigation Futures

Posted May 2nd, 2017 in disclosure, judges, news, royal family, striking out, wills by sally

‘There is no kind of order available to prevent a woman who claims to be the late Princess Margaret’s daughter from bringing repeated “nonsensical” claims in an effort to unseal her will, the president of the Family Division has found.’

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Litigation Futures,

Source: www.litigationfutures.com

Skiing & the Supreme Court. What Makes an Adult Child Deserving of Reasonable Maintenance? – Radcliffe Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘”Skiing” or “Spending Kids’ Inheritance” is a regular source of conflict between parents (or their estates) and their children. After 10 years and numerous appeals, the saga of Ilott v The Blue Cross [2017] UKSC 17 has finally reached its conclusion. The case concerned a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975 by an estranged adult daughter for financial provision from her mother’s estate.’

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Radcliffe Chambers, 16th March 2017

Source: www.radcliffechambers.com

Landmark Supreme Court decision on Inheritance Act claims – New Square Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017]
UKSC 17. It is the first opportunity for the Supreme Court to give guidance on the vexed
question of what constitutes ‘reasonable financial provision’ within the meaning of the
Inheritance (Provision for Family and Dependants) Act 1975 and to bring to an end a saga
which began with the death of Melita Jackson in June 2004.’

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New Square Chambers, 15th March 2017

Source: www.newsquarechambers.co.uk

Testamentary freedom vs claims by family members – OUP Blog

Posted April 4th, 2017 in appeals, charities, families, news, succession, Supreme Court, wills by sally

‘Should a person be free to dispose of property as she wishes on death, or be forced to leave it to certain family members? This is one of the most fundamental questions in succession law. Some (particularly continental European) jurisdictions allocate compulsory portions to certain family members, irrespective of any will. England and Wales, however, has a default testamentary freedom principle combined with the Inheritance (Provision for Family and Dependants) Act 1975, allowing certain people to claim discretionary provision out of the estate in limited circumstances.’

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OUP Blog, 4th April 2017

Source: www.blog.oup.com

Convention’s prohibition on discrimination may apply to pre-Human Rights Act wills: Chancery Court – UK Human Rights Blog

Posted March 31st, 2017 in adoption, human rights, interpretation, news, wills by tracey

‘Hand and Anor v George [2017] EWHC 533 (Ch) (17 March 2017). The Adoption of Children Act 1926 s.5(2) had the effect that adopted children were not treated as “children” for the purposes of testamentary dispositions of property. The continuing application of this provision was a breach of the rights guaranteed by Article 14 in combination with Article 8 of the Convention. Therefore, the contemporary version of that provision, Adoption Act 1976 Sch.2 para.6, had to be read down so as to uphold the right not to be discriminated against.’

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UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com