PS January 2013
This edition features taxation and the 2012 Budget, end-of-life care, EU succession rules, the RDR and financial advice, residence and domicile, advising family and small business owners, tax relief...
View ArticlePS May 2013
This edition features deathbed wills, Hawes v Burgess on solicitors’ evidence, capacity to consent to sexual relationships, estate administration mistakes, referrals to financial advisers, the 2013...
View ArticlePS July 2013
This edition features trustees with conflicting interests, forensic accountants, using artwork to meet tax liabilities, the RDR, WIQS, wealth planning, elderly care, being a charitable trustee, probate...
View ArticlePS September 2013
This edition features will-drafting, LPAs and CoP cases, contentious probate, invalid wills, asset protection trusts, business development, international probate, professional negligence, trustees’...
View ArticleStaking a claim
With claims under the Inheritance (Provision for Family and Dependants) Act 1975 currently on the rise, Philip Jenkins examines some issues of practice and procedure, and looks at how the Inheritance...
View ArticleA farewell cure
A recent case has shed light on the law relating to gifts of land made in contemplation of death, under the principle of donatio mortis causa. Clara Staunton examines the issues
View ArticleInfluencing factors
Rosanna Foskett examines the recent judgment in Hart and Samways v Burbidge, which illustrates how the courts will apply the principle of presumed undue influence, even where such influence was not...
View ArticleTime is of the essence
In the recent case of Berger v Berger, the Court of Appeal examined afresh the issue of family provision claims brought out of time, in a judgment that also contains lessons for those advising elderly...
View ArticleStuck in the middle
Christine Green and Fiona Lawrence provide a first-hand account of how challenging the role of independent administrator can be, describing a recent case in which Christine was the court-appointed...
View ArticleGiving pause
Simon Edwards and Fenella Morris examine some recent cases around gifts made from the estate of a person without mental capacity, and consider the thorny question of gifts where ‘P’ has and had no...
View ArticleFreedom flight
A recent Supreme Court decision on deprivation of liberty will have far-reaching practical implications and is likely to lead to a very significant increase in the number of applications to the Court...
View ArticleSwap shop
The Supreme Court’s findings in the long-running Marley v Rawlings case have implications for everything from the scope of clerical error to the likelihood of negligence claims against solicitors, say...
View ArticleForward planning
A recent case has highlighted the effectiveness of advance decisions and statements in ensuring an individual’s wishes for their care and welfare are respected if they lose capacity. Ann Stanyer...
View ArticleThe promised land
Adam Boyle outlines the lessons to learn from the recent high-profile proprietory estoppel case of Davies v Davies
View ArticleTied up in knots
Mark Harper provides an update on pre- and post-nuptial agreements, including recent case law, the Law Commission’s proposals, and issues relating to international couples or those with assets abroad
View ArticlePullan apart
The recent case of Pullan v Wilson reiterates the importance of ensuring that professional trustees’ fees are reasonable. Adam Draper examines the case, and the lessons to learn for solicitor trustees
View ArticleAt a loss
Penelope Reed provides a practical guide to the mitigation of loss in private client negligence claims, with reference to recent high-profile cases including Marley v Rawlings and Pitt v Holt
View ArticleSharp relief
The Court of Appeal decision in Mitchell has had widely reported repercussions for litigators around relief from sanctions, but what are the particular issues for contentious private client...
View ArticlePower to the people
The Inheritance and Trustees’ Powers Act 2014, expected to come into force next month, represents one of the most significant changes to intestacy and family provision law in a generation. Elizabeth...
View ArticleFaking it
Jordan Holland and Sam Chandler look at the rise of will forgery, and the lessons to learn for practitioners
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