probate – Page 3 – Current Awareness

Probate fees: Planned increase scrapped ahead of election – BBC News

Posted April 21st, 2017 in fees, news, probate by tracey

‘Controversial plans to raise the legal fees payable after death are to be scrapped ahead of the general election.
Probate fees had been due to rise from £155 or £215 to up to £20,000 for some estates in England and Wales from May.
The Ministry of Justice said there was now not enough time for the legislation – dubbed a “stealth death tax” by critics – to go through Parliament.’

BBC News, 21st April 2017

Source: www.bbc.co.uk

Truss’s plan to increase probate fees may not be legally enforceable – The Guardian

Posted April 6th, 2017 in enforcement, fees, news, probate, reports, select committees by tracey

‘Government plans to raise £300m by increasing probate fees – payable when claiming inheritances – may not be legally enforceable, a parliamentary committee has said. A report by the joint committee on statutory instruments has suggested that the Ministry of Justice may not have the authority to introduce the charges of up to £20,000 per estate.’

The Guardian, 6th April 2017

Source: www.guardian.co.uk

MoJ confirms hike in probate fees – Law Society’s Gazette

Posted February 28th, 2017 in consultations, courts, fees, news, probate by tracey

‘The Ministry of Justice has confirmed a massive overhaul in probate charges, which will see some estates charged up to £20,000. From May this year, subject to parliamentary approval, the MoJ is planning to introduce a sliding scale of charges for probate fees to replace the current flat fees.’

Law Society’s Gazette, 27th February 2017

Source: www.lawgazette.co.uk

Woman who used conveyancers to litigate probate dispute told to repay money lost to estate – Legal Futures

Posted August 26th, 2016 in administrators, fees, news, probate, repayment by sally

‘A woman who obtained a grant of letters of administration and then used a firm of licensed conveyancers to defend herself against a claim from other potential beneficiaries, has been told by the High Court that she has to pay back to the estate nearly £87,000 given to the firm that has been lost.’

Legal Futures, 26th August 2016

Source: www.legalfutures.co.uk

iPhone evidence ‘could be more effective than court hearing’ – Law Society’s Gazette

Posted July 25th, 2016 in benefits, child support, computer programs, courts, divorce, evidence, family courts, HM Courts Service, internet, news, ombudsmen, probate, road traffic offences, telecommunications, video recordings by sally

‘Resolving neighbour disputes using iPhone evidence and a video hearing might be more effective than the parties travelling several miles to court, a senior government official has said, outlining significant developments to modernise the justice system.’

Law Society’s Gazette, 21st July 2016

Source: www.lawgazette.co.uk

Divorced husband allowed to challenge will – Legal Futures

Posted July 13th, 2016 in divorce, news, probate, wills by sally

‘A divorced husband has been given permission to challenge the validity of his ex mother-in-law’s will.’

Legal Futures, 12th July 2016

Source: www.legalfutures.co.uk

Credit where Creditor’s due – Tanfield Chambers

Posted July 12th, 2016 in appeals, civil procedure rules, news, probate, wills by sally

‘In Randall v Randall [2016] EWCA Civ 494, the Court of Appeal considered whether a creditor of a beneficiary of an estate had sufficient standing to bring a probate claim to challenge the validity of a purported will of the testatrix.’

Tanfield Chambers, 22nd June 2016

Source: www.tanfieldchambers.co.uk

Asylum and immigration court fees set to rise by over 500% – The Guardian

Posted April 25th, 2016 in appeals, asylum, budgets, children, consultations, costs, deportation, domestic violence, fees, immigration, legal aid, news, probate, sexual offences, statistics, time limits, tribunals by sally

‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’

The Guardian, 21st April 2016

Source: www.guardian.co.uk

Raising funds to modernise the Probate Service – Hardwicke Chambers

Posted April 14th, 2016 in consultations, fees, internet, news, probate by sally

‘A banded approach to probate fees has been proposed by the Ministry of Justice (MoJ). Views are sought on proposals to impose fees of between £300 and £20,000, depending on the value of the estate. The value of an estate below which no fee is payable would rise from £5,000 to £50,000. The consultation is open until 1 April 2016.’

Hardwicke Chambers, 29th March 2016

Source: www.hardwicke.co.uk

Testamentary capacity and the not-so golden rule: Burns v Burns [2016] EWCA Civ 37 – Park Square Barristers

Posted April 13th, 2016 in appeals, codes of practice, doctors, news, probate, solicitors, wills by sally

‘David Rose reviews the recent Court of Appeal decision in Burns v Burns [2016] EWCA Civ 37, which contains an up-to-date summary of the law relating to testamentary capacity and knowledge & approval.’

Park Square Barristers, 31st March 2016

Source: www.parksquarebarristers.co.uk

Online divorce and probate set for early 2017, Munby says – Legal Futures

Posted March 1st, 2016 in case management, courts, divorce, internet, news, probate, speeches by sally

‘Online divorce and probate are set to be delivered under the courts modernisation programme by early 2017, the president of the Family Division has said.’

Legal Futures, 1st March 2016

Source: www.legalfutures.co.uk

Lord Lucan and the Presumption of Death Act 2013 – Park Square Barristers

Posted February 25th, 2016 in news, peerages & dignities, presumption of death orders, probate by sally

‘The press has been awash with reports of the recent case in which Lord Bingham, the son of the 7th Earl of Lucan, obtained a Court Order which finally allowed him to succeed to the title held by his father – who had been missing for over 40 years following the death of a former nanny. The case attracted frenzied press coverage in 1974 when the family nanny, Sandra Rivett, was found dead at the home of Lord Lucan’s estranged wife in Belgravia. Suspected of her murder, Lord Lucan fled and was never seen again. However, this was only the beginning of the saga for the family. Over the ensuing years there were regular reports of sightings of the fugitive peer. None were confirmed, and an alternative theory was that he had committed suicide shortly after the murder.’

Park Square Barristers,

Source: www.parksquarebarristers.co.uk

Fee proposals for grants of probate – Ministry of Justice

Posted February 19th, 2016 in consultations, fees, news, probate by sally

‘This consultation sets out the government’s proposals for reforming the fee payable for an application for a grant of probate. The proposed fee regime will move from a flat to a banded fee approach, proportionate to, and rising with, the value of the estate, and at the same time will increase the value of the estate below which no fee is payable from £5,000 to £50,000, lifting some 30,000 estates out of paying any fee. The proposals are intended to be fair and progressive. The Government is also considering whether grant of probate applications should be excluded from the fee remissions scheme and are seeking views on this issue.’

Ministry of Justice, 18th February 2016

Source: www.consult.justice.gov.uk

Grieving families could be forced to pay a new death tax – Daily Telegraph

Posted February 19th, 2016 in families, fees, news, probate by sally

‘For some families it could amount to a potential 129-fold increase in costs.’

Daily Telegraph, 18th February 2016

Source: www.telegraph.co.uk

Partner wins battle with estranged wife over share of house – BBC News

Posted February 18th, 2016 in appeals, cohabitation, costs, families, housing, news, probate by sally

‘A woman who lived with her partner for 18 years has won a legal battle with his estranged wife for his share of their home.’

BBC News, 16th February 2016

Source: www.bbc.co.uk

Here come the new lawyers – CLC sets out plans for probate practitioners and technicians – Legal Futures

Posted February 17th, 2016 in codes of practice, consumer protection, conveyancing, fees, legal education, legal profession, licensing, news, probate by michael

‘Plans to create three new breeds of lawyer – probate practitioners, conveyancing technicians and probate technicians – are being published today by the Council for Licensed Conveyancers (CLC).’

Legal Futures, 15 February 2016

Source: www.legalfutures.co.uk

Probate manager who admitted 140 “improper withdrawals” from client accounts blamed pressure of work – Legal Futures

Posted November 17th, 2015 in care homes, client accounts, disciplinary procedures, fees, legal profession, news, probate, solicitors, tribunals by tracey

‘A probate manager who admitting making 140 “improper withdrawals” over a period of 11 years, resulting in a client account shortage of £730,000, has been banned from working for law firms.

Legal Futures, 17th November 2015

Source: www.legalfutures.co.uk

Disinheritance and the law: why you can’t leave your money to whoever you please – The Guardian

Posted August 3rd, 2015 in appeals, charities, consent, local government, news, probate, statistics, trusts, wills by sally

‘When Melita Jackson decided to disinherit her daughter Heather, she knew what she was doing, and her decision was clear. Now a court has ruled that Heather still has a right to a share of her estate. As Britain experiences a surge in will disputes, is our sense of what we owe our children changing?’

The Guardian, 31st July 2015

Source: www.guardian.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.’

New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Legal Ombudsman outlines test for dealing with complaints about MDPs – Legal Futures

Posted September 22nd, 2014 in accountants, alternative business structures, complaints, jurisdiction, legal ombudsman, legal services, news, probate by sally

‘The Legal Ombudsman (LeO) has introduced a policy for dealing with complaints about organisations which provide non-legal as well as legal services, such as some alternative business structures (ABSs) and, shortly, accountants who offer probate advice.’

Legal Futures, 19th September 2014

Source: www.legalfutures.co.uk

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