Category: executors

Administration of estates involving land during the pandemic – The 36 Group

Posted May 12th, 2020 in coronavirus, executors, news, rent, repossession, sale of land by sally

‘It is common for the estates of deceased persons to have as part of their assets land occupied by persons other than the personal representatives. This property might comprise residential or business premises let to tenants and generating an income for the estate, or, a common case, property occupied by the deceased together with a licensee (such as an adult child of the deceased) until death and which continues to be occupied by that licensee after death. The circumstances of the pandemic and its attendant legislation may complicate dealings with such premises, and those complications are considered here.’

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The 36 Group, 27th April 2020

Source: 36group.co.uk

Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk

Posted February 19th, 2020 in autism, bereavement, cancer, carers, chambers articles, children, compensation, employment, executors, fostering, industrial injuries, news by sally

‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’

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12 King's Bench Walk, 14th February 2020

Source: www.12kbw.co.uk

SDT clears partner in “accidental overcharging” case – Legal Futures

Posted February 12th, 2020 in disciplinary procedures, executors, fees, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A former head of private client accused of overcharging an estate by up to £30,000 when acting as executor has been cleared of misconduct by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 12th February 2020

Source: www.legalfutures.co.uk

Partner “too embarrassed” to tell clients truth is struck off – Legal Futures

Posted December 5th, 2019 in deceit, disciplinary procedures, executors, financial dispute resolution, licensing, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A partner who misled beneficiaries about the progress of a case to resolve a dispute over estate assets and then found himself “too embarrassed” to tell them the truth has been struck off.’

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Legal Futures, 5th December 2019

Source: www.legalfutures.co.uk

Inheritance battle “screams out” for judge-led ADR, says court – Litigation Futures

Posted June 3rd, 2019 in civil procedure rules, dispute resolution, executors, news, wills by sally

‘A battle between a widow and stepson over a large estate “cries, indeed screams out” for the kind of “robust, judge-led” processes used to settle family law disputes, a High Court judge has said.’

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Litigation Futures, 31st May 2019

Source: www.litigationfutures.com

Digital legacies need legal protection say lawyers – Law Society’s Gazette

Posted June 8th, 2017 in executors, internet, news, wills by sally

‘Solicitors and legal academics have called for new powers enabling people to decide what happens to their digital legacy when they die, including by making a provision for online data to be included in wills.’

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Law Society's Gazette, 7th June 2017

Source: www.lawgazette.co.uk

Legal battle over Margaret Thatcher aide’s £8m Ming porcelain collection – Daily Telegraph

Posted March 9th, 2016 in executors, families, news, wills by tracey

‘An exquisite £8 million Ming porcelain collection built up by a confidant of Margaret Thatcher has sparked a bitter legal feud which has torn apart a once close-knit family.’

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Daily Telegraph, 9th March 2016

Source: www.telegraph.co.uk

The Relevance of Probate in the Digital Age – New Square Chambers

Posted July 27th, 2015 in computer crime, executors, internet, money laundering, news, probate by sally

‘Imagine an estate where there is no dispute amongst the beneficiaries, whether about the validity of the deceased’s will or its terms. Imagine that there is no inheritance tax to pay by reason of the death of the deceased. The bulk of the estate is held in a bank account that is accessible online and the executor named in the will is aware of the username and password applicable to this online account. He wishes to use them to transfer the money in the account to an account in his name and then to administer it precisely according to law.’

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New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Birdseye and another v Roythorne & Co and others – WLR Daily

Posted April 20th, 2015 in disclosure, documents, executors, law reports, legal profession, negligence, privilege, solicitors by sally

Birdseye and another v Roythorne & Co and others [2015] EWHC 1003 (Ch); [2015] WLR (D) 169

‘It remained the case that a person had to establish as a prima facie case that he was a beneficiary before there could be any question of the court requiring a trustee or executor to disclose documents which would be protected by privilege if the applicant were not a beneficiary.’

WLR Daily, 15th April 2015

Source: www.iclr.co.uk

Ex-coroner John Owen jailed for five years for £1m theft – BBC News

Posted November 17th, 2014 in abuse of position of trust, assets recovery, coroners, executors, news, proceeds of crime, sentencing, theft, wills by sally

‘The former coroner for Carmarthenshire who stole £1m from a dead man’s estate to “prop up” his struggling law firm has been jailed for five years.’

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BBC News, 14th November 2014

Source: www.bbc.co.uk

The Savile Estate Saga – Sovereign Chambers

Posted March 26th, 2014 in charities, child abuse, executors, news, personal injuries, sexual offences, trusts, wills by sally

‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’

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Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk

Solicitor coroner struck off over £2m theft from clients to fund lavish lifestyle – Legal Futures

Posted March 12th, 2014 in compensation, costs, disciplinary procedures, executors, fraud, news, solicitors, theft, wills by tracey

‘A Gloucestershire solicitor who also served as the county’s coroner has been struck off after taking nearly £2m from clients to fund an extravagant lifestyle.’

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Legal Futures, 11th March 2014

Source: www.litigationfutures.com

Judge approves Savile compensation scheme – Daily Telegraph

Posted February 27th, 2014 in banking, compensation, executors, news, trusts, victims by sally

‘Victims of serial sex offender Jimmy Savile are a step closer to getting compensation after a judge sanctioned a scheme to award payouts.’

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Daily Telegraph, 26th February 2014

Source: www.telegraph.co.uk

In re Robson, decd; White v Matthys and others – WLR Daily

Posted February 12th, 2014 in executors, gifts, interpretation, law reports, political parties, wills by sally

In re Robson, decd; White v Matthys and others [2014] WLR (D) 54

‘A residuary legatee’s chose in action was “property” for the purposes of the Political Parties, Elections and Referendums Act 2000. Therefore, where a person who was not a permissible donor left the residue of his estate to a registered political party, and that party received and accepted the gift, the prohibition on foreign donations in section 54 of the 2000 Act was breached.’

WLR Daily, 31st January 2014

Source: www.iclr.co.uk

Will writer Keith Webber guilty of stealing £280,000 from clients – BBC News

Posted February 5th, 2014 in executors, fraud, indecent photographs of children, news, powers of attorney, wills by sally

‘A will writer who stole more than £280,000 from clients over nearly three years has been found guilty of fraud.’

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BBC News, 4th February 2014

Source: www.bbc.co.uk

Coroner Alan Crickmore pleads guilty to £2 million fraud of the dead – Daily Telegraph

Posted October 18th, 2013 in abuse of position of trust, coroners, executors, fraud, news, solicitors by tracey

“A coroner has pleaded guilty to a £2 million fraud which saw him steal some of the money from the estates of the dead.”

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Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

Goodman and another v Goodman and another: In re Goodman (decd) – WLR Daily

Posted May 24th, 2013 in executors, law reports, probate, wills by tracey

Goodman and another v Goodman and another: In re Goodman (decd): [2013] EWHC 758 (Ch); [2013] WLR (D) 197

“Section 50 of the Administration of Justice Act 1985, which contained a power to replace or remove personal representatives, applied to a person named as an executor in a will but who had not been granted probate.”

WLR Daily, 18th May 2013

Source: www.iclr.co.uk

Wright and another v Gater and another – WLR Daily

Posted November 9th, 2011 in children, executors, intestacy, law reports, trusts by tracey

Wright and another v Gater and another; [2011] EWHC 2881 (Ch);  [2011] WLR (D)  318

“The court should not in principle regard the postponement of the vesting of an estate as ‘beneficial’.”

WLR Daily,7th November 2011

Source: www.iclr.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

In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another – WLR Daily

Posted November 14th, 2008 in executors, law reports, trustees in bankruptcy, wills by sally

In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another [2008] EWHC 2731 (Ch); [2008] WLR (D) 354

“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”

WLR Daily, 13th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.