Category: probate

Contentious Wills & Probate Case Law Roundup 2020: Part II – Parklane Plowden Chambers

Posted February 19th, 2021 in chambers articles, news, probate, wills by sally

‘Two validity cases in particular stood out last year and both turned on whether or not a testator suffered from “insane delusions” rendering their wills invalid. There are fewer reported cases giving guidance on this strand of the Banks v Goodfellow test (most cases I deal with revolve around old age psychiatry) so these recent cases are worth some scrutiny.’

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Parklane Plowden Chambers, 12th February 2021

Source: www.parklaneplowden.co.uk

Remote Witnessing of Wills During the COVID-19 Pandemic – Parklane Plowden

Posted December 7th, 2020 in chambers articles, coronavirus, fraud, news, probate, undue influence, wills by sally

‘There has unsurprisingly been an uprise in the number of people making wills since the start of the COVID-19 pandemic, though social distancing measures have created problems for people in terms of complying with the witnessing requirements of section 9 of the Wills Act 1837 (“the Wills Act”).’

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Parklane Plowden, 10th November 2020

Source: www.parklaneplowden.co.uk

Court: “No need for City lawyer” in professional executor tussle – Legal Futures

Posted November 4th, 2020 in budgets, costs, executors, fees, news, probate, wills by tracey

‘The High Court has ruled that there was no need for a more expensive City lawyer to be appointed a professional executor in preference to one from the Home Counties in a straightforward probate.’

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Legal Futures, 4th November 2020

Source: www.legalfutures.co.uk

Inheritance delays causing financial hardship for the bereaved – The Independent

Posted October 7th, 2020 in bereavement, coronavirus, delay, executors, families, news, probate, wills by tracey

‘With probate applications now taking three times longer to approve, more than 8,000 estates remain unclaimed.’

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The Independent, 6th October 2020

Source: www.independent.co.uk

Why the rise in contentious probate cases is set to continue – Legal Futures

Posted July 7th, 2020 in fees, law firms, news, probate, wills by sally

‘There is no doubt that contentious probate work is growing. We do not like paying more than a couple of hundred pounds for a will, but then are seemingly happy to spend thousands taking our relatives to court, and the two do not sit happily together.’

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Legal Futures, 6th July 2020

Source: www.legalfutures.co.uk

Cardiff youth offending service ‘inadequate’ – BBC News

Posted July 2nd, 2020 in news, probate, Wales, young offenders by tracey

‘Every part of Cardiff Youth Offending Service (YOS) has been rated “inadequate” by inspectors. It was given the lowest possible performance rating by HM Inspectorate of Probation and told to improve every aspect of its work.’

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BBC News, 2nd July 2020

Source: www.bbc.co.uk

Special Dispensations: coronavirus puts informal wills back on the agenda – Hardwicke Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, news, probate, wills by sally

‘The exigencies of the coronavirus pandemic, which has led to a high demand for will writing services, and the challenges of meeting that demand whilst observing social distancing, have brought the issue of will reform into sharp focus. At a time when technology provides a solution to so many of the problems that we currently face, the insistence on wet ink and the physical presence of witnesses for the making of a valid will appears increasingly archaic. Citing the dignity and peace of mind that putting one’s affairs in order brings and the urgent need people have to make provision for those they may leave behind, Gina Miller and Baroness Helena Kennedy QC have this month called on the government to extend the provisions relating to privileged (wartime) wills to the current situation so as to allow purely oral testamentary statements to be admitted to probate.’

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Hardwicke Chambers, 3rd June 2020

Source: hardwicke.co.uk

CFA Uplifts in Inheritance Act Claims: recent developments – St John’s Buildings

Posted May 19th, 2020 in costs, fees, news, probate by sally

‘Conditional fee agreements have been a facet of contentious probate and estates litigation for many years and are, in many cases, the only realistic way for disappointed beneficiaries to fund litigation. This is particularly true of claims under the Inheritance (Provision for Family and Dependants) Act 1975.’

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St John's Buildings, May 2020

Source: stjohnsbuildings.com

Solicitor got client to pay cheque into personal account – Legal Futures

Posted March 3rd, 2020 in disciplinary procedures, news, probate, solicitors by sally

‘A solicitor who persuaded a vulnerable client to pay £4,700 into her personal bank account, pretending the money would be spent on repairs to a property had inherited, has been struck off.’

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Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

Solicitor took 15 years to finish distributing estate – Legal Futures

Posted December 2nd, 2019 in delay, disciplinary procedures, fines, news, probate, solicitors by sally

‘A veteran solicitor who failed to complete several probate matters promptly – with one taking 15 years – has been fined by a tribunal.’

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Legal Futures, 2nd December 2019

Source: www.legalfutures.co.uk

Blockchain offers the law “enormous opportunities” – Legal Futures

Posted October 24th, 2019 in contracts, conveyancing, electronic commerce, legal services, news, probate by sally

‘The buzz around distributed ledger technology (DLT), including blockchain, is much more than hype and the tech will eventually transform conveyancing and probate, an academic specialising in innovation has indicated.’

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Legal Futures, 24th October 2019

Source: www.legalfutures.co.uk

Children being ‘set up to fail’ on release from custody by authorities, watchdog finds – The Independent

Posted October 8th, 2019 in budgets, children, local government, news, probate, recidivists, rehabilitation, release on licence, young offenders by tracey

‘Children jailed for criminal offences are being “set up to fail” by authorities who fail to give them the support they need to stop offending, a watchdog has found. Half of the 12 to 17-year-old boys whose cases were examined by HM Inspectorates of Probation and Prisons, were being investigated by police again within three months of being released from young offender institutions.’

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The Independent, 8th October 2019

Source: www.independent.co.uk

Judge praises LiPs denied adjournment to find solicitors – Litigation Futures

Posted September 20th, 2019 in adjournment, legal representation, litigants in person, news, probate by sally

‘A deputy master hearing a probate dispute in the High Court said the way litigants in person ran their defence justified a decision not to adjourn the case so they could instruct new lawyers.’

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Litigation Futures, 20th September 2019

Source: www.litigationfutures.com

Elderly solicitor struck off for overcharging clients – Legal Futures

Posted August 23rd, 2019 in costs, disciplinary procedures, licensing, news, probate, professional conduct, solicitors by sally

‘A solicitor’s 55 years of practice have come to an end after he was struck off for overcharging probate clients.’

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Legal Futures, 23rd August 2019

Source: www.legalfutures.co.uk

Licensed conveyancers set for practising fees cut – Legal Futures

Posted May 14th, 2019 in consultations, conveyancing, fees, licensing, news, probate by sally

‘The body that regulates licensed conveyancers is looking at steep reductions in the cost of practising, arguing that “good regulation does not have to come with an onerous price tag”.’

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Legal Futures, 14th May 2019

Source: www.legalfutures.co.uk

Paralegal jailed for swindling money from clients’ estates – Legal Futures

Posted April 23rd, 2019 in fraud, guilty pleas, news, paralegals, probate, sentencing by sally

‘A paralegal who stole £70,000 from people’s estates to splash out on designer clothes and handbags has been jailed for more than three years.’

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Legal Futures, 23rd April 2019

Source: www.legalfutures.co.uk

High Court allows more time for steelworker claims – Litigation Futures

Posted February 7th, 2019 in administrators, bereavement, class actions, compensation, delay, employment, health & safety, news, personal injuries, probate by tracey

‘The High Court has given the personal representatives of deceased steelworkers more time to register their compensation claims under a group litigation order (GLO).’

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Litigation Futures, 7th February 2019

Source: www.litigationfutures.com

Online will providers 77% cheaper than solicitors – Legal Futures

Posted November 1st, 2018 in fees, internet, Law Commission, news, probate, solicitors, statistics, wills by sally

‘Online will providers are 77% cheaper than solicitors on average, new research has found.’

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Legal Futures, 1st November 2018

Source: www.legalfutures.co.uk

Litigant in person’s “tittle tattle” claim needs a proper hearing, says judge – Litigation Futures

Posted April 5th, 2018 in appeals, litigants in person, news, probate, striking out, summary judgments by sally

‘A litigant in person’s contentious probate claim, part of which was dismissed by a High Court master as “no more than tittle tattle”, needs a proper hearing, a judge has decided.’

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Litigation Futures, 5th April 2018

Source: www.litigationfutures.com

Aspects of burial law from Brady’s funeral judgment – Law & Religion UK

Posted November 8th, 2017 in administrators, burials and cremation, coroners, judgments, local government, news, probate, public interest by tracey

‘On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.’

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Law & Religion UK, 8th November 2017

Source: www.lawandreligionuk.com