Law to revoke wills must be changed, say campaigners
A growing number of so called “inheritance hunters” are exploiting older and vulnerable people by grooming them, and then marrying them, so they can inherit their assets and disinherit any family members in the process. Since the issue was highlighted by campaigners last month, more than 70 families have come forward to reveal that they […]
CMA to get new powers of enforcement
Business Secretary Kwasi Kwarteng has announced a major shake-up of the Competition and Markets Authority’s powers. The CMA has been instrumental in the drive toward greater pricing transparency for consumers and more recently has intervened in the leasehold ground rents scandal that has resulted in Aviva and Persimmon Homes announcing they would remove certain terms […]
Charities and families call for action to combat “predatory marriage”
Fraudsters are targeting older and vulnerable people, hoping to marry them and pocket their lifetime savings, charities and families have warned. Research conducted by the i Newspaper has revealed more than 70 people who shared tales of their loved ones falling prey to fraudsters who married them for their money. Campaigners are now calling for […]
Opposing a Grant
Prior to a grant being extracted a dispute can arise about who should administer an estate including: a Will exists but fails to appoint an executor to administer the estate or the executor has renounced their executorship; there is no Will and the deceased has died intestate; there is a dispute about the validity of […]
The importance of ensuring capacity is assessed when making an LPA
I recently acted in a Court of Protection matter concerning the execution of Lasting Powers of Attorney (LPAs) which ultimately proceeded to a contested trial. I acted on behalf of the Respondent in the proceedings. An application to the Court of Protection was made to appoint a Deputy on behalf of P. At that stage, […]
Contentious Probate: What’s It All About (Alfie)?
“Contentious probate” is one of those commonly-used phrases in the world of wills and probate which everyone treats as something everyone knows about but actually sometimes it’s helpful to give a bit of a beginner’s guide. What does contentious probate encompass? Non-Contentious Probate Rules (or are they?) Well first off, it’s worth noting that not […]
Kings Court Trust’s latest blog reveals what can go wrong with the DIY probate approach
Those who decide to embark on the DIY (do it yourself) probate route often have high hopes of saving money to maximise the amount of inheritance due to the beneficiaries of an estate. However, many that choose this approach are unaware of the risks that come with the role of an Executor or Administrator. In […]
Free webinar: An overview of Inheritance Tax and gifting
On Wednesday 21st July at 1pm, Kings Court Trust’s experienced Technical Manager, Nigel Merchant, will provide you with a useful overview of Inheritance Tax and gifting. More specifically, Nigel will take this time to talk about: What Inheritance Tax is Its position in various estates The different tax forms that are required What counts as […]
Technical Corner: Trust Reform Proposals
Our ‘Technical Corner’ brings you information that will help you to continue to grow and develop in your career. This month’s technical corner article comes from Emily Deane TEP, STEP Technical Counsel. If you have any questions for our panel of experts, please submit them using the contact form below. We will publish the questions […]
Spousal claims under the Inheritance (Provision for Family and Dependants) Act 1975
It is often said that a spouse is a favoured applicant under the Act because: the level of provision is such financial provision as it would be reasonable in all the circumstances for a spouse to receive, whether that provision is required for their maintenance; and the divorce fiction by virtue of which the court […]
Probate Service update shows increase in digital applications and grants issued
The latest quarterly Family Court Statistics, detailing probate service figures for January to March 2021, have been published. Figures show that there were 61,696 applications for probate grants, with 57,620 probate grants issued in the same period. Figures also show an increase in the proportion of digital applications and grants issued for probate with 77% […]
Commercial and Insolvency Remedies in Trust Litigation
The landscape of trust litigation has changed dramatically over the past ten years. Once there would have been extensive pre-action correspondence, followed, perhaps, by the issue of proceedings for an account and the taking of that account. An example of that way of doing things is the Crociani litigation, which began with a letter before […]
Widower Loses Inheritance After Court Rules On Long-Running Affair
A widower who tried to avoid a clause in his wife’s will stating he must not remarry after her death has had to forfeit the inheritance she left him. The provincial court in Galicia, Spain, heard that the man, named only as Constantino, insisted that his long-term relationship with the other woman, who he claimed […]
Establishing Fraudulent Calumny – Has the mind of the Testator been ‘poisoned’?
By David McGuire, Associate at Weightmans There are a number of grounds upon which a person might seek to a challenge the Will of a loved one. They include circumstances where the specific formalities required when creating a Will are not adhered to, or where the person making the Will did not have the necessary […]
Equity Release Council publishes second edition of its Adviser Guide
The Equity Release Council has refreshed its ‘Adviser Guide to Equity Release’ which is aimed at encouraging new entrants into the market and support existing advisers. The popular document supports high standards of advice and good consumer outcomes and is available to all, on the Council’s website here www.equityreleasecouncil.com/adviser-guide The guide reflects the evolution of […]
Calls to change predatory marriage law backed by families
Families who have fallen foul to predatory marriages have backed calls for changes to the law. The issue was brought up by Leeds North East MP Fabian Hamilton during Prime Minister’s Questions. The PM thanked Mr Hamilton for highlighting the injustice suffered by these families and said he would secure a meeting with the justice […]
Man threatens cousin in inheritance battle
Inheritance can be an emotive subject, as a story on Wales Online amply demonstrated this month. The piece reported on a case at heard Cardiff Crown Court, where the defendant, fifty-five-year-old Lex Littlewood, had threated to stab his estranged cousin after accusing her family of stealing his father’s £400,000 inheritance. Littlewood had entered Jane James’ […]
Getting into the nettles of restricted gifts
This insight was written by Anna Morris, Solicitor at Lime Solicitors’ Inheritance Disputes Team In the recent decision of Rittson-Thomas v Oxfordshire County Council, 2019 EWCA Civ 200 the Supreme Court decided that Oxfordshire County Council were at liberty to retain the proceeds of sale from a plot of land used for Nettlebed School, conveyed to […]
Hospice money fraudulently spent by daughter
Willowbrook Hospice was defrauded of approximately £20,000 from Patricia Eden’s estate, after her daughter Deborah Nilsson spent the money on a new kitchen, bathroom and family holiday. The fraud came to light when Ms Nilsson’s daughter reported her. During the trial at Liverpool Crown Court, Ms Nilsson explained that her mother had changed her mind […]
Probate practitioner reprimanded in £20k ‘gift’
Ben Moore has been banned from the probate profession after failing to declare a gift of £20,000 from a 92-year-old client. A decision notice from the Solicitors Regulation Authority (SRA) showed that Mr Moore had been instructed by the client in 2016 to draft a Will and repeatedly helped the same client on multiple different […]