Man poisoned Essex couple with fentanyl before rewriting their will, court told – The Guardian

Posted February 15th, 2024 in murder, news, poisoning, wills by sally

‘A man poisoned a married couple with the opioid painkiller fentanyl and rewrote their will the day after they died, a court has heard.’

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The Guardian, 14th February 2024

Source: www.theguardian.com

Government brings video-witnessing of wills to an end – Legal Futures

Posted February 8th, 2024 in coronavirus, electronic filing, news, video recordings, wills, witnesses by sally

‘The pandemic measure to allow video witnessing of wills came to an end last week, after the government decided not to extend it beyond 31 January.’

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Legal Futures, 6th February 2024

Source: www.legalfutures.co.uk

Law firm “let down” client over bid to propound will, master rules – Legal Futures

Posted January 31st, 2024 in delay, law firms, news, probate, wills by tracey

‘A daughter seeking to propound a copy of her deceased mother’s will has been “let down” by her solicitors in failing to comply with an unless order to issue proceedings, the High Court has ruled.’

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Legal Futures, 31st January 2024

Source: www.legalfutures.co.uk

An update to the STEP Standard Provisions – Mills & Reeve

Posted January 18th, 2024 in drafting, news, trusts, wills by sally

‘On the 2 November 2023, the Society of Trust Estates and Practitioners (STEP) published the third edition of their standard provisions that can be used when will drafting.’

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Mills & Reeve, 18th January 2024

Source: www.mills-reeve.com

Easier access to historic wills under new government plans – Ministry of Justice

Posted December 19th, 2023 in archives, consultations, Ministry of Justice, news, wills by tracey

‘The ambitious digitisation programme could see millions of wills dating back more than 150 years moved online and more easily accessible to the public in a bid to improve the current storage system.’

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Ministry of Justice, 15th December 2023

Source: www.gov.uk

Ministry of Justice plan to destroy historical wills is ‘insane’, say experts – The Guardian

Posted December 19th, 2023 in archives, consultations, Ministry of Justice, news, wills by tracey

‘“Sheer vandalism” and “insane”. This is how leading historians on Monday described government plans to destroy millions of historical wills to save on storage costs. The Ministry of Justice is consulting on digitising and then throwing away about 100m paper originals of the last wills and testaments of British people dating back more than 150 years in an effort to save £4.5m a year.’

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The Guardian, 18th December 2023

Source: www.theguardian.com

Why the ‘bona vacantia’ provisions might encourage a person to put a Will in place – Mills & Reeve

Posted November 29th, 2023 in bona vacantia, chambers articles, news, royal family, wills by sally

‘There are many different reasons why people may not put a will in place. Too busy, too squeamish, thinking their situation is straightforward enough not to need the expense, they don’t have “enough” to matter, or they don’t have any immediate family to benefit so they’re not clear what they want to happen after their deaths.’

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Mills & Reeve, 28th November 2023

Source: www.mills-reeve.com

Deaths, daughters-in-law, and delay in 1975 Act claims – Archibald v Stewart & Another [2023] EWHC 2515 (CH) – New Square Chambers

Posted November 14th, 2023 in chambers articles, families, news, wills by sally

‘In this article, Millie Rai, discusses the recent High Court decision in Archibald v Stewart & Another [2023]. She delves into the Inheritance (Provision for Family and Dependants) Act 1975, focusing on key issues such as the survival of 1975 Act claims after the claimant’s death, the eligibility of claimants, and the permission to bring claims out of time. The case clarifies important aspects of 1975 Act claims and provides valuable insights for legal practitioners.’

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New Square Chambers, 30th October 2023

Source: www.newsquarechambers.co.uk

King v Dubrey: Keeping donatio mortis causa ‘within its proper bounds’ – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, news, wills by sally

‘The doctrine of donatio mortis causa has been placed within new parameters by the Court of Appeal in King v Dubrey. The doctrine is one of a handful that allow a testator to sidestep their will and the statutory safeguards of the Wills Act 1837 and the Law of Property 1925. As such, it comes with it the risk of attracting “unscrupulous treasure hunters” making fraudulent claims. The Court of Appeal, alert to this risk, sought to revert the doctrine’s expansion over the 19th and 20th centuries and place it within its “proper bounds”. This article seeks to analyse these proper bounds and to aid practitioners navigate the doctrine post-King.’

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Pallant Chambers, 13th October 2023

Source: www.pallantchambers.co.uk

1975 Act claims – Is the net estate enough? – St John’s Chambers

Posted November 8th, 2023 in bereavement, chambers articles, families, news, wills by sally

‘Commercial and chancery barrister, Natasha Dzameh has published an article in the Autumn 2023 edition of Entitlement. In this she reviews the 1975 Act case of Amnir v Bala [2023] EWHC 1054 (Ch) where the competing claims meant the seven figure estate was not enough. The parties incurred over £700,000 in legal costs despite there being no active defence after the CCMC.’

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St John's Chambers, 16th October 2023

Source: www.stjohnschambers.co.uk

An update to the Wills Act 1837 – Mills & Reeve

‘On 5 October 2023, the Law Commission began a consultation into the use of electronic wills and the effect of a marriage or civil partnership on an existing will.’

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Mills & Reeve, 12th October 2023

Source: www.mills-reeve.com

Electronic wills now ‘feasible’, Law Commission reports – Law Society’s Gazette

Posted October 10th, 2023 in bills, consultations, electronic filing, Law Commission, news, wills by sally

‘Electronic wills could become an immediate reality if parliament wishes, the Law Commission states today in its latest consultation on the topic. The commission is seeking views on whether a new Wills Act should permit paperless wills, either immediately or by allowing for them to be introduced later. It stresses that any provision for electronic wills would need to ensure that they are as secure as paper wills.’

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Law Society's Gazette, 5th October 2023

Source: www.lawgazette.co.uk

New legislation could introduce electronic wills “immediately” – Legal Futures

‘A new Wills Act could permit electronic wills to be introduced “immediately”, rather than enabling the Lord Chancellor to introduce them by statutory instrument at some point in the future, the Law Commission has said.’

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Legal Futures, 5th October 2023

Source: www.legalfutures.co.uk

Couple stung by £89 storage fee after spending £4,500 on wills – Law Society’s Gazette

Posted September 8th, 2023 in fees, news, solicitors, wills by tracey

‘A couple were told they would have to pay an annual £49 storage fee after spending £4,500 on their wills – which then increased to £89 a year, a report on the impact of unqualified advisers in the estate planning sector has revealed.’

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Law Society’s Gazette, 7th September 2023

Source: www.lawgazette.co.uk

Third time lucky: ChD reconsiders failed unopposed rectification claim – Pensions Barrister

Posted August 24th, 2023 in evidence, news, rectification, wills by sally

‘A claimant has succeeded in obtaining rectification of a deed of appointment supplemental to a Will – but only on appeal to the Judge after the Master gave an opportunity to improve on the evidence (before the Master dismissed the claim) – and even though the application was unopposed: Laird v Simcock. Paul Newman KC has written a casenote highlighting the quality of evidence required for unopposed rectification applications.’

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Pensions Barristers, 24th August 2023

Source: www.pensionsbarrister.com

CMA investigates online divorce, will-writing and other legal services – Family Law

Posted August 8th, 2023 in consumer protection, divorce, legal services, news, probate, wills by tracey

‘The Competition and Markets Authority (CMA) is keen to hear about people’s experiences with firms offering these services, over concerns that not all are complying with consumer protection law.’

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Family Law, 7th August 2023

Source: www.familylaw.co.uk

‘Quickie’ divorces and will writing to be investigated – BBC News

Posted July 25th, 2023 in competition, divorce, legal services, news, wills by sally

‘Firms offering “quickie” divorces and will writing are to be investigated by the UK’s competition watchdog.’

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BBC News, 18th July 2023

Source: www.bbc.co.uk

Thoroughly Modern Will Disputes – 5SAH

‘What is behind the recent increase in will & inheritance disputes? Niamh Wilkie & Stephanie Coker consider the complications caused by cohabitation & blended families.’

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5SAH, 3rd July 2023

Source: www.5sah.co.uk

Court upholds Covid will witnessed through car window – Legal Futures

Posted May 22nd, 2023 in coronavirus, news, wills, witnesses by tracey

‘The High Court has praised the “ingenious arrangement” of witnessing a will through a car window in the early days of the pandemic.’

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Legal Futures, 22nd May 2023

Source: www.legalfutures.co.uk

Firm ordered to pay wasted costs for “inexplicable” error – Legal Futures

Posted April 21st, 2023 in abuse of process, costs, hospitals, law firms, negligence, news, probate, wills by tracey

‘A law firm which started proceedings when its client did not have standing to bring them has been ordered to pay wasted costs because it failed to check this.’

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Legal Futures, 21st April 2023

Source: www.legalfutures.co.uk