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

When undue influence and mutual wills collide: Naidoo v Barton [2023] EWHC 500 (Ch) – Gatehouse Chambers

Posted April 12th, 2023 in chambers articles, fraud, news, probate, theft, undue influence, wills by sally

‘Naidoo v Barton [2023] EWHC 500 (Ch) clarifies an important, and hitherto unresolved, issue concerning the doctrine of mutual wills. The court determined that it is the Etridge test for undue influence, applicable to challenging life time transactions, that applies when considering whether or not a mutual wills agreement should be set aside and not the more stringent probate test that generally applies where a will is challenged on the grounds of undue influence.’

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Gatehouse Chambers, 12th March 2023

Source: gatehouselaw.co.uk

Spousal applications for reasonable financial provision under section 1 (1) (a) of the Inheritance Act 1975: Law and procedure and the judgment of Mr Justice Peel in Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) – Becket Chambers

‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’

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Becket Chambers, 15th March 2023

Source: becket-chambers.co.uk

Predatory Marriage – The Great Inheritance Scam? – Gatehouse Chambers

Posted March 31st, 2023 in chambers articles, families, news, wills by sally

‘The term “predatory marriage” is not a legal concept, but rather a convenient descriptor for a marriage entered into in circumstances where one party to the marriage is vulnerable and has been induced to enter into the marriage by the other party who is acting solely for financial gain. The effects of a later life predatory marriage are pernicious and sad, and the current state of the law, particularly in the context of inheritance rights, is unsatisfactory.’

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Gatehouse Chambers, 11th March 2023

Source: gatehouselaw.co.uk

Lawyer calls for change to female inheritance traditions – BBC News

Posted February 24th, 2023 in equality, families, news, solicitors, wills, women by sally

‘A lawyer says she hopes for a change in attitude towards inheritance among British Asians after winning a case in which a widow secured half her late husband’s fortune.’

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BBC News, 24th February 2023

Source: www.bbc.co.uk

Widow left out of husband’s will after 66-year marriage wins half of £1m estate – The Guardian

Posted February 16th, 2023 in families, news, succession, widows, wills by sally

‘A widow whose husband of 66 years excluded her and their four daughters from his will, and left everything to their two sons, has won a high court case for a share of an estate worth more than £1m.’

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The Guardian, 15th February 2023

Source: www.theguardian.com

Beneficiary allowed to challenge firm’s fees after fourfold rise – Law Society’s Gazette

Posted February 13th, 2023 in costs, fees, law firms, news, solicitors, wills by tracey

‘The High Court has allowed a will beneficiary to challenge a costs bill which rose significantly from its original estimate.’

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Law Society’s Gazette, 10th February 2023

Source: www.lawgazette.co.uk