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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Parklane Plowden Chambers, 8th February 2021

Source: www.parklaneplowden.co.uk

Witnessing Wills During a Pandemic: “You’re on mute” – No. 5 Chambers

Posted January 22nd, 2021 in chambers articles, coronavirus, news, telecommunications, wills, witnesses by sally

‘The Wills Act 1837 (Electronic Communications) (Amendment)(Coronavirus) Order 2020 (SI 2020 No 952) means that it is now possible to witness a will via a video call. These temporary changes are much needed to allow those who want to make or update a will during the Covid-19 pandemic to do so safely and legally.’

Full Story

No. 5 Chambers, 21st January 2021

Source: www.no5.com

Remote Witnessing of Wills During the COVID-19 Pandemic – Parklane Plowden

Posted December 7th, 2020 in chambers articles, coronavirus, fraud, news, probate, undue influence, wills by sally

‘There has unsurprisingly been an uprise in the number of people making wills since the start of the COVID-19 pandemic, though social distancing measures have created problems for people in terms of complying with the witnessing requirements of section 9 of the Wills Act 1837 (“the Wills Act”).’

Full Story

Parklane Plowden, 10th November 2020

Source: www.parklaneplowden.co.uk

Non-lawyers banned from law firms in misconduct blizzard – Legal Futures

Posted December 1st, 2020 in disciplinary procedures, forgery, law firms, legal executives, news, solicitors, wills by sally

‘Six non-lawyers have been banned from working for law firms for a range of offences, from faking signatures and misusing season ticket loans to fabricating a client’s will to name themselves as a beneficiary.’

Full Story

Legal Futures, 1st December 2020

Source: www.legalfutures.co.uk

Court: “No need for City lawyer” in professional executor tussle – Legal Futures

Posted November 4th, 2020 in budgets, costs, executors, fees, news, probate, wills by tracey

‘The High Court has ruled that there was no need for a more expensive City lawyer to be appointed a professional executor in preference to one from the Home Counties in a straightforward probate.’

Full Story

Legal Futures, 4th November 2020

Source: www.legalfutures.co.uk

Revisiting interim payments in IPFDA 1975 claims: Weisz v Weisz [2019] EWHC 3101 (Fam) – Hardwicke Chambers

Posted October 29th, 2020 in bereavement, financial provision, news, widows, wills by sally

‘Charlotte John investigates interim payments under the Inheritance (Provision for Family & Dependants) Act.’

Full Story

Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

Inheritance delays causing financial hardship for the bereaved – The Independent

Posted October 7th, 2020 in bereavement, coronavirus, delay, executors, families, news, probate, wills by tracey

‘With probate applications now taking three times longer to approve, more than 8,000 estates remain unclaimed.’

Full Story

The Independent, 6th October 2020

Source: www.independent.co.uk

How cohabiting couples should protect their finances – Family Law

‘Historically, cohabitation agreements, sometimes known as “no-Nups”, were frowned upon as they were seen to encourage sexual relations outside of marriage. Thankfully, times have moved on and that’s no longer the case. The general view is that such agreements are enforceable if they deal with cohabitees’ property and affairs, and provided they are entered into freely with full information. Often, disputes between cohabitees following separation relate to what was or wasn’t intended, for example, in relation to the property in which they live. Having a clear record of the cohabitees’ intentions in a cohabitation agreement can avoid expensive disputes about those issues.’

Full Story

Family Law, 30th September 2020

Source: www.familylaw.co.uk

Grounds for Setting Aside a Will: Undue Influence – Pallant Chambers

Posted July 30th, 2020 in news, setting aside, undue influence, wills by sally

‘The loss of a loved one is already an incredibly difficult and emotional time. Sometimes the situation is made worse by the discovery of suspicious circumstances surrounding the making of the will. This series of posts will examine some of the ways in which a will can be challenged.’

Full Story

Pallant Chambers, 22nd July 2020

Source: www.pallantchambers.co.uk

Video witnessing of wills to be made legal in England and Wales during pandemic – The Guardian

Posted July 27th, 2020 in coronavirus, news, video recordings, wills by sally

‘Video witnessing of wills is to be made legal in England and Wales to make it easier for people to record their final wishes during the coronavirus pandemic.’

Full Story

The Guardian, 25th July 2020

Source: www.theguardian.com