Crafting wills is a fundamental aspect of private client practice. This topic offers expert guidance on drafting, executing, and contesting wills, ensuring your clients' wishes are clearly articulated and legally sound, while addressing potential challenges and disputes.
This week’s edition of Private Client highlights includes: (1) analysis of Collins v Collins, in which the High Court appointed one sibling as...
Private Client analysis: The High Court held that a devise to Exeter City Council was a beneficial gift, rather than a gift on trust, despite...
Tax analysis: In Hogan Lovells Cadwalader International LLP v HMRC, the First-tier Tax Tribunal (FTT) considered whether three documents withheld by...
This Q&A considers the legal mechanisms available to confirm the existence and terms of previously executed deeds that have been lost, particularly in...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Revocation of WillsA Will is revocable at any time during the testator's lifetime. A Will may only be revoked by automatic operation of law (involuntary revocation) or by a deliberate act of the testator (voluntary revocation). Apart from these methods, and where there has been an obliteration under
Personal representatives and trustees—power of appropriationAppropriation is a process by which a personal representative (PR) or a trustee uses a specific asset in the estate or trust fund to meet, in full or in part, a beneficiary’s entitlement or interest.Personal representatives' common law and
Under section 14B of the Limitation Act 1980, there is a longstop date to make a negligence claim of 15 years. In the case of a claim against a negligent solicitor in the drafting of a Will, does the longstop time limit begin from the date of the Will being drafted/executed, or from the date of
Conditional and dependent relative revocation of WillsIf a testator revokes the Will and that revocation is shown to be subject to a condition, the revocation is ineffective if the condition is not satisfied. Revocation will not be held to be conditional unless there is clear evidence what the
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