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.
Private Client analysis: The High Court held that an adult daughter was entitled to reasonable financial provision under the Inheritance (Provision...
This week’s edition of Private Client highlights includes: (1) analysis of Townsend v Epsom, an important decision concerning the Mental Capacity Act...
This Q&A looks at whether the trusteeship of a will trust vests in the personal representatives under section 18(2) of the Trustee Act 1925 where the...
Tax analysis: In Gwyn-Jones v HMRC, the Upper Tribunal (UT) dismissed the taxpayer’s appeal against a decision of the First-Tier Tax Tribunal (FTT)...
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...
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
Contents of Wills—rules of apportionmentThe rules of apportionment should be considered at the moment of drafting the Will. Whenever a Will creates a trust, some rules of apportionment may be applied or excluded unless they have been dealt with expressly in the wording of the Will.Essentially, the
Failure of gifts—lapseThere are a number of reasons why a gift may fail, including where a gift has lapsed. For further guidance on the various reasons for the failure of a testamentary gift, see Practice Note: Failure of gifts—effects. This Practice Note considers the doctrine of lapse in more
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
0330 161 1234