Hughes and others v Bourne and others – WLR Daily

Posted August 2nd, 2012 in appropriation, law reports, trusts, wills by sally

Hughes and others v Bourne and others [2012] EWHC 2232 (Ch); [2012] WLR (D) 242

“The personal representatives’ power of appropriation under section 41(1) of the Administration of Estates Act 1925 was not confined to transactions of a contractual or quasi-contractual nature.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

Regulate will-writing to avoid ‘race to the bottom’, Society urges – Law Society’s Gazette

Posted July 17th, 2012 in consultations, Law Society, news, wills by sally

“The Law Society today backed plans to extend the list of reserved activities to include will-writing and estate administration.”

Full story

Law Society’s Gazette, 16th July 2012

Source: www.lawgazette.co.uk

Carer found guilty of murdering elderly man in hammer attack – The Guardian

Posted July 16th, 2012 in carers, elderly, murder, news, sentencing, wills by sally

“A carer who ‘brutally’ beat an elderly man to death in a hammer attack after he changed his will to leave her a £340,000 legacy has been convicted of murder.”

Full story

The Guardian, 13th July 2012

Source: www.guardian.co.uk

Court of Protection Update – Family Law Week

Posted May 14th, 2012 in consent, Court of Protection, DNA, mental health, news, sexual offences, wills by sally

“Sally Bradley, Barrister, of 4 Paper Buildings analyses recent decisions in the Court of Protection relating to capacity to consent to sexual relations, DNA testing and statutory wills.”

Full story

Family Law Week, 11th May 2012

Source: www.familylawweek.com

‘Living wills’ need to be completely clear, rules judge – Daily Telegraph

Posted May 2nd, 2012 in assisted suicide, Court of Protection, medical ethics, news, wills by sally

“‘Living wills’ that stipulate exactly how a person wants to die should be drawn up with absolute clarity, a judge has ruled after concluding a 67-year-old man with motor neurone disease had made a ‘valid decision’ to refuse treatment.”

Full story

Daily Telegraph, 1st May 2012

Source: www.telegraph.co.uk

Writing a will with confidence – Legal Services Board

Posted April 23rd, 2012 in consumer protection, Legal Services Board, news, wills by sally

“The LSB is today announcing proposals to deliver greater protection to consumers of the legal services of will-writing and estate administration. These would see the services brought within the scope of legal services regulation, regardless of who provides them.”

Full story (PDF)

Legal Services Board, 23rd April 2012

Source: www.legalservicesboard.org.uk

Will writing: call for industry-wide regulation – The Guardian

Posted April 23rd, 2012 in administrators, consumer protection, Legal Services Board, news, wills by sally

“All firms offering will writing and estate administration should be regulated to protect consumers from falling victim to fraudsters and cowboy companies offering badly drafted documents, according to latest research.”

Full story

The Guardian, 23rd April 2012

Source: www.guardian.co.uk

Phillips v Royal Society for the Protection of Birds and others – WLR Daily

Posted March 21st, 2012 in charities, gifts, law reports, wills by sally

Phillips v Royal Society for the Protection of Birds and others [2012] EWHC 618 (Ch); [2012] WLR (D) 88

“Where a corporation had been removed from the register of charities but had not been struck off and dissolved until after the death of the testatrix, a gift made in her will took effect notwithstanding that the corporation had ceased to exist.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

New research examining the markets for probate and estate administration released – Legal Services Board

Posted March 19th, 2012 in news, probate, wills by sally

“The Legal Services Board (LSB) is today [15 March] publishing two new pieces of research into probate and estate administration.”

Full story

Legal Services Board, 15th March 2012

Source: www.legalservicesboard.org.uk

Sir Malcolm Arnold’s carer wins battle on final music score – BBC News

Posted March 9th, 2012 in carers, news, undue influence, wills by tracey

“A carer who looked after the composer of the music for the Bridge On the River Kwai has won a High Court battle over his final work.”

Full story

BBC News, 8th March 2012

Source: www.bbc.co.uk

Mirror wills invalidated by signature mix-up, appeal judges rule – Law Society’s Gazette

Posted February 3rd, 2012 in married persons, mistake, news, wills by sally

“A simple mix-up when a husband and wife signed mirror wills 13 years ago means they have no value in law, the Court of Appeal ruled today. The ruling disinherits the couple’s intended heir and has left lawyers calling for a more flexible approach to probate law.”

Full story

Law Society’s Gazette, 2nd February 2012

Source: www.lawgazette.co.uk

Judge calls for law change over deathbed wills – Daily Telegraph

Posted February 1st, 2012 in evidence, news, wills, witnesses by sally

“A judge has called for a change in the law on deathbed wills after an eight-year legal wrangle over whether a dying man’s sister offered him a ‘steadying hand’ as he signed all his possessions over to her.”

Full story

Daily Telegraph, 31st January 2012

Source: www.telegraph.co.uk

Intestacy and Family Provision Claims on Death – Law Commission

Posted December 14th, 2011 in families, intestacy, news, wills by sally

“The Law Commission is making recommendations today to bring inheritance law into line with the needs and expectations of modern families, and simplify the law to help the bereaved deal with the property of a deceased family member.”

Full story

Law Commission, 14th December 2011

Source: www.justice.gov.uk

Unmarried couples should have inheritance rights, say law advisers – Daily Telegraph

Posted December 14th, 2011 in cohabitation, equality, families, intestacy, news, wills by sally

“Unmarried couples who live together for five years will automatically take their partner’s entire estate if they die without a will, under proposals from the Government’s law advisers.”

Full story

Daily Telegraph, 14th December 2011

Source: www.telegraph.co.uk

Businessman George Wharton’s daughters lose battle with stepmother over £4 million will – Daily Telegraph

Posted December 8th, 2011 in marriage, news, wills by tracey

“Millionaire businessman George Wharton’s three daughters have lost out on a share of his £4 million fortune after his deathbed marriage to his former mistress left ‘a family at war with itself.’ ”

Full story

Daily Telegraph, 8th December 2011

Source: www.telegraph.co.uk

Toy boy’, 72, faces losing home after court battle – Daily Telegraph

Posted November 4th, 2011 in loans, news, wills by tracey

“A 72-year-old ‘toy boy’ faces losing his home after a judge ruled that he must pay back money given to him by his long-term partner before she died, plus a hefty legal bill, because they were not married.”

Full story

Daily Telegraph, 4th November 2011

Source: www.telegraph.co.uk

Where there’s a will, the web can be the way – The Guardian

Posted August 19th, 2011 in alternative business structures, internet, legal services, news, wills by sally

“Developments in the online legal services market provide lucrative opportunities for lawyers willing to break down barriers.”

Full story

The Guardian, 19th August 2011

Source: www.guardian.co.uk

Getting married? Top legal tips for couples-to-be – The Guardian

Posted August 4th, 2011 in marriage, news, prenuptial agreements, wills by sally

“Philippa Cunniff, family law partner at Turcan Connell, has some distinctly unromantic but potentially invaluable advice.”

Full story

The Guardian, 4th August 2011

Source: www.guardian.co.uk

Thousands ‘ripped off’ by unregulated will-writers – BBC News

Posted July 18th, 2011 in consumer protection, legal services, news, wills by sally

“Thousands of people are being ripped off by companies providing unregulated services such as will writing, claims the first Legal Ombudsman.”

Full story

BBC News, 18th July 2011

Source: www.bbc.co.uk

Shovelar and others v Lane and others – WLR Daily

Posted July 14th, 2011 in appeals, constructive trusts, costs, executors, law reports, wills by tracey

Shovelar and others v Lane and others [2011] EWCA Civ 802;  [2011] WLR (D)  224

“The question of the effect of mutual wills upon the distribution of an estate under a later will which was admitted to probate was a matter for the Chancery Division, applying the law of trusts, and it was not a matter of probate law and practice. Accordingly, the unsuccessful executors in an action of that nature were not entitled to rely upon the ‘probate rule’ so as to justify departure from the usual costs rule.”

WLR Daily, 12th July2011

Source: www.iclr.co.uk