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NEWS
This Q&A considers whether a prospective claimant under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), specifically a step-son of a deceased who died intestate, may be regarded as a person interested in the estate for the purposes of issuing a citation under the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, notwithstanding that the claimant is not entitled to a grant of representation but intends to pursue a claim for reasonable financial provision from the estate.
NEWS
This Q&A considers whether parties can apply for a stay to allow negotiations to take place before pleadings close, in circumstances where a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 has been issued and served out of time, and the defendant wishes to settle the matter without filing a defence or engaging further in the court process.
NEWS
This Q&A considers key legal issues for where an individual guarantor is giving a personal guarantee for a law firm consumer client’s fees, including whether the guarantee is a regulated credit agreement and the application of the CRA 2015.
NEWS
This Q&A is intended for law firms regulated by the SRA. It provides guidance on whether there are any legal restrictions preventing a law firm from disclosing the existence of a data subject access request (DSAR) received from a third party on a client matter to the client under 6.4 of the SRA Code of Conduct for Solicitors.
NEWS
This Q&A considers the amount eligible for spouse relief under IHTA 1984, s 18, if a non-domiciled deceased leaves his worldwide estate split equally between his UK domiciled spouse and chargeable beneficiaries.
NEWS
This Q&A considers whether, if a partner in a farming partnership gifts a share in the partnership and subsequently has an overdrawn partnership account, this may constitute a gift with reservation of benefit for inheritance tax (IHT) purposes.
NEWS
This Q&A considers the validity of a Will in which a minor is one of the witnesses to the testator's signature.
NEWS
This Q&A considers obligations arising under the Solicitors Regulation Authority (SRA) Standards and Regulations and also issues relating to legal professional privilege when an email is sent to you in error by an opposing party’s solicitor.
NEWS
This Q&A considers whether, if an executed deed of appointment under a trust is missing the name of the appointee (due to a clerical error) would the courts generally admit evidence of the intention of the appointors as an aid to construction of the document, or would rectification be required.
NEWS
This Q&A considers the consequences of an executor intermeddling in particular regarding whether power can be reserved to them.