When section 21 of the Administration of Justice Act 1982 can come to the rescue
An analysis of Beasant v Royal Commonwealth Society for the Blind & Ors [2022] EWHC 1319 (Ch) (30 May 2022) This recent High Court appellant decision of Sir Anthony Mann acts as a reminder of the narrow circumstances when section 21 of the Administration of Justice Act 1982 can come to the rescue. The deceased […]
The state of the Solicitors’ Professional Indemnity Insurance Market in 2022
For many firms, solicitors’ professional indemnity insurance (PII) is a “set it and forget it”-type of activity. They understand they need coverage, but they’re far from thrilled about the process of scouring providers to find the best deal. That’s especially true when you consider the current professional indemnity insurance market. Surging premiums, an absence of […]
Two in three think King Charles III should pay IHT – poll
A YouGov poll shows 63% of people believe King Charles III should have to pay inheritance tax on the estate he has inherited from the late Queen. The estate, which is estimated to be valued at £15.2 billion in assets – which technically belong to the “Royal Firm” – includes the royal residences, the Queen’s […]
The importance of planning ahead for Lasting Powers of Attorney
Fans of TV serial Emmerdale will have seen the character Faith Dingle navigating difficult times in recent episodes following her cancer diagnosis and contemplation of her end-of-life decisions. Faith ultimately decided to sign a Do Not Resuscitate (DNR) order and to appoint her son as her Attorney. Viewers will have seen Faith discussing her Lasting […]
ONS releases deaths recorded in August 2022
Number of deaths in England and Wales for August revealed The monthly rates of death for England and Wales for August 2022 have been released by the Office for National Statistics (ONS). Figures show there were 47,312 deaths across England and Wales for August, which is slightly below the monthly average in 2022 which stands […]
Exclusive: Zero TRS late registration penalties issued as HMRC grapples with “significant uncertainties”
Following on from the 1st September deadline for registering a trust with the Trust Registration Service (TRS), Today’s Wills and Probate can reveal that zero late registration penalties have been handed out by HM Revenue & Customs (HMRC) due to a deliberate failure to register as of 22nd September. The registration requirement is recognised by […]
Potential post-death problems: The rise in disputes concerning funeral and burial arrangements
The death of a loved one can be a traumatic experience leaving a family feeling overwhelmed with grief. In most cases, families are able to work together to organise the post-death formalities such as registering the death of the deceased and making the necessary funeral arrangements. However, in a rising number of cases, families are […]
Money laundering: New Bill to give SRA more power to fight economic crime
As the perpetual war on economic crime continues to be waged, a new Bill introduced into the House of Commons on 22nd September could be set to offer much needed reinforcements to solicitors’ regulators. The government’s Economic Crime and Corporate Transparency Bill 2022 – dubbed the “Economic Crime Bill 2.0 by the Law Society – […]
Soaring residential property values continue to boost inheritance tax receipts
The latest data from HM Revenue & Customs (HMRC) has revealed that inheritance tax (IHT) receipts remained sky-high in August. The take of roughly half a billion pounds in the period July – August alone brings the overall IHT receipts for the tax year up to £2.9 billion. This is £0.3 billion higher than in […]
Charitable estate values “could reach £20 billion this year” – claim
The total value of charitable estates in the UK could be set to reach a striking £20 billion before the end of 2022, according to new data. There have been 25,311 charitable estates processed by Smee & Ford so far this year, which is 1,195 more than at the same point in 2021 and a […]
Dealing with death: Do major national events impact demand for wills and estate planning?
The passing of Her late Majesty Queen Elizabeth II rocked the United Kingdom to an extent rarely seen; her death, and the subsequent proceedings, was a national event of monumental significance. The significance of the event is something shared only with that of the COVID-19 pandemic and the war in Ukraine in recent times. One […]
Life interest can be reasonable financial provision for a spouse, says court
A recent case has highlighted that, where a spouse is left a life interest in an estate, in certain circumstances it can be considered reasonable financial provision – this was held to be the case even where that life interest could be terminated by the trustees and the spouse’s relationship with the trustees was difficult. […]
Cohabitation: number of unmarried couples making inheritance claims on the rise
“Common law marriage” – a phrase bound to ring alarm bells in the mind of lawyers across the land. Yet, despite the best efforts of many, the myth persists – and the number of unmarried cohabiting couples making inheritance claims following the passing of their partner is on the rise. Said rise is not, however, […]
