‘Legal action against the attorney general and the Queen’s private lawyers has been initiated over a decision to ban media organisations from a court hearing about the Duke of Edinburgh’s will.’
The Guardian, 18th November 2021
Source: www.theguardian.com
‘S48(1) of the Administration of Justice Act 1985 empowers the High Court to authorise personal representatives or trustees to take action on the basis of counsel’s opinion where any question of construction has arisen out of the terms of a will or trust. The opinion must be given by counsel with a minimum of 10-years High Court qualification. If so authorised, the personal representative or trustee will be protected from liability for mismanagement of the estate or breach of trust.’
Wilberforce Chambers, 21st October 2021
Source: www.wilberforce.co.uk
‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’
Law Society's Gazette, 15th October 2021
Source: www.lawgazette.co.uk
‘The Royal Family in modern times live very public lives. Core members seem to have been bred in captivity, like exotic fish in an open aquarium, some of whose waters are murkier than others, but almost all of which will sooner or later be publicly visible.’
Transparency Project, 26th September 2021
Source: www.transparencyproject.org.uk
‘The Duke of Edinburgh’s will is to remain secret to protect the “dignity” of the Queen because of her constitutional role, the high court has ruled. Philip – the nation’s longest-serving consort – died aged 99 on 9 April, just two months before he would have turned 100.’
The Guardian, 17th September 2021
Source: www.theguardian.com
‘When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common.’
Family Law, 31st August 2021
Source: www.familylaw.co.uk
‘In the recent case of Equiom (Isle of Man) Ltd v Velarde [2021] EWHC 1528 (Ch) it was held that a wide power of appointment contained in a will had the effect of impliedly revoking previous deeds of appointment and making a new appointment. This case concerns the will (“the Will”) of a Mrs Patricia Moores, who died in 2017, and a settlement created many years before by her father (“the Settlement”). During her lifetime Mrs Moores had a special power of appointment over property in a sub-fund of the Settlement. The power could be exercised by deeds revocable or irrevocable, or by will or codicil.’
Wilberforce Chambers, 5th August 2021
Source: www.wilberforce.co.uk
‘The Supreme Court has allowed Oxfordshire County Council’s appeal in a case in which a family said the sale of school land worth £1.2m, which was gifted to the council by their late family member, was unlawful.’
Local Government Lawyer, 23rd April 2021
Source: www.localgovernmentlawyer.co.uk
‘Holding a trial over the validity of a will remotely may have helped a witness admit that the contents of his affidavit were not true, the High Court has suggested.’
Litigation Futures, 30th March 2021
Source: www.litigationfutures.com
‘Last year there were two reported decisions in respect of the forfeiture rule. These are worth mention given the rarity of reported cases in this area.’
Parklane Plowden Chambers, 17th February 2021
Source: www.parklaneplowden.co.uk
‘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.’
Parklane Plowden Chambers, 12th February 2021
Source: www.parklaneplowden.co.uk
‘The court was faced with a category 2 and 3 Public Trustee v Cooper application principally for the approval of a momentous decision. The court was initially asked to approve the entirety of a settlement reached between four trustees split into two camps but later asked to approve only the dispositive elements of the settlement. The settlement unusually resolved disputes between the trustees rather than between trustees and beneficiaries or third parties. The court was concerned with mutual allegations of inappropriate action as fiduciaries and the failure of both sides to manage conflicts of interest in arriving at a settlement. After stressing that such factors could impair the decision reached and which the court was asked to approve, the court refused its approval of part of the settlement. Written by James Saunders, barrister, at New Square Chambers.’
New Square Chambers, 11th February 2021
Source: www.newsquarechambers.co.uk
‘In Part I of our three-part series of key caselaw updates in contentious wills, Anna Metcalfe discusses the Inheritance (Provision for Family and Dependants) Act 1975.’
Parklane Plowden Chambers, 8th February 2021
Source: www.parklaneplowden.co.uk
‘The Wills Act 1837 (Electronic Communications) (Amendment)(Coronavirus) Order 2020 (SI 2020 No 952) means that it is now possible to witness a will via a video call. These temporary changes are much needed to allow those who want to make or update a will during the Covid-19 pandemic to do so safely and legally.’
No. 5 Chambers, 21st January 2021
Source: www.no5.com
‘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”).’
Parklane Plowden, 10th November 2020
Source: www.parklaneplowden.co.uk
‘Six non-lawyers have been banned from working for law firms for a range of offences, from faking signatures and misusing season ticket loans to fabricating a client’s will to name themselves as a beneficiary.’
Legal Futures, 1st December 2020
Source: www.legalfutures.co.uk
‘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.’
Legal Futures, 4th November 2020
Source: www.legalfutures.co.uk
‘Charlotte John investigates interim payments under the Inheritance (Provision for Family & Dependants) Act.’
Hardwicke Chambers, 26th October 2020
Source: hardwicke.co.uk
‘With probate applications now taking three times longer to approve, more than 8,000 estates remain unclaimed.’
The Independent, 6th October 2020
Source: www.independent.co.uk
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