‘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.’
BBC News, 14th November 2014
Source: www.bbc.co.uk
Routier and another v Revenue and Customs Commissioners [2014] EWHC 3010 (Ch); [2014] WLR (D) 449
‘For a transfer under a will to be exempt from inheritance tax because it was to be “held on trust for charitable purposes” within the meaning of section 23(6) of the Inheritance Tax Act 1984 the relevant trust had to be subject to the jurisdiction of the United Kingdom courts.’
WLR Daily, 18th October 2014
Source: www.iclr.co.uk
‘A husband who swindled his brother out of a share of a £1.5m inheritance after his parents died has been jailed for four years and four months.’
The Guardian, 24th October 2014
Source: www.guardian.co.uk
‘Research suggests that a combined £175 million in assets is lost each year to bereaved families if a relative dies intestate or with an outdated will.’
Daily Telegraph, 22nd October 2014
Source: www.telegraph.co.uk
‘As the opening comments of Charles Hollander QC in his judgment in King v Dubrey [2014] EWHC 2083, make clear, a donatio mortis causa (DMC) takes effect as a historic and anomalous exception to the requirements of the Wills Act. It involves… a present gift which takes effect in the future and remains conditional until the donor dies. On death it becomes absolute. It has previously been described as being of “an amphibious nature, being a gift which is neither entirely inter vivos nor testamentary.” The task for the Court is to distinguish between a genuine DMC and an attempt to make a testamentary gift other than in accordance with the Wills Act. The test has, for over one hundred and fifty years, been a high one –
“…no case of this description ought to prevail unless it is supported by evidence of the clearest and most unequivocal character.”’
Hardwicke Chambers, 25th September 2014
Source: www.hardwicke.co.uk
My purpose in this article is to highlight the sort of issues facing charities in deciding whether or not to litigate over a legacy, or residuary gift, contained in a Will. In particular, I shall be looking at a number of cases where charities have faced such difficult decisions, some of which they have got wrong.
Full story (PDF)
New Square Chambers, 2nd October 2014
Source: www.newsquarechambers.co.uk
‘The 1st October 2014 sees the implementation of long awaited changes to the way in which intestacy and claims for reasonable financial provision are approached. The Inheritance and Trustees’ Powers Act 2014 is the result of a six year Law Commission review of the intestacy rules and claims for reasonable financial provision. The review was prompted by research that suggested 58% of the adult population does not have a will and the intestacy rules did not properly provide for modern relationships.’
Full story (PDF)
Zenith Chambers, 1st October 2014
Source: www.zenithchambers.co.uk
‘‘Save the Date!’ The Inheritance and Trustees’ Powers Act 2014 comes into force on 1 October 2014. Alexander Learmonth summarises the important changes being brought in by the new Act.’
Full story (PDF)
New Square Chambers, October 2014
Source: www.newsquarechambers.co.uk
‘David Mtichell, member of No5 Chambers Commercial & Chancery Group, recently gave a talk titled ‘Rectification of Wills Following Marley v Rawlings’ at the No5 Estates Seminar held on 25th September.’
No. 5 Chambers, 15th October 2014
Source: www.no5.com
‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’
Law Society’s Gazette, 6th October 2014
Source: www.lawgazette.co.uk
Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402
‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’
WLR Daily, 18th September 2014
Source: www.iclr.co.uk
‘As a number of new laws come into effect this week, we take a look at how your life will be affected.’
Daily Telegraph, 1st October 2014
Source: www.telegrpah.co.uk
‘Changes to the rights of people whose spouses or civil partners die without making a will have come into force.’
BBC News, 1st October 2014
Source: www.bbc.co.uk
‘A killer who is laying claim to the £80,000 estate of his partner whom he stabbed to death has told a court he is not motivated by money.’
The Guardian, 22nd September 2014
Source: www.guardian.co.uk
‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’
Law Society’s Gazette, 18th September 2014
Source: www.lawgazette.co.uk
Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339
‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’
WLR Daily, 29th July 2014
Source: www.iclr.co.uk
‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’
Legal Futures, 28th July 2014
Source: www.legalfutures.co.uk
‘A dead estate agent’s girlfriend found guilty of using a forged will to stop his estranged wife inheriting his £3m fortune has had her conviction quashed.’
BBC News, 10th July 2014
Source: www.bbc.co.uk
‘Whether it’s wanting to be buried in a biodegradable coffin, having your ashes scattered over Anfield, or being laid to rest in a royal crypt, most of us have strong feelings about what happens to our bodies after death. Now legal experts are proposing to make those wishes legally binding for the first time.’
The Independent, 25th May 2014
Source: www.independent.co.uk
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