In this case the judge found evidence of actual lack of capacity rather than the propounder not being able to sufficiently show capacity. The medical history was quite clear: the Testator had Alzheimer’s at the time the disputed Will was signed. The solicitor couldn’t show that he’d formed a proper view on capacity in the absence of his file notes.
There has been a great deal in the media over the past months and indeed years about the efficacy of entering into anything other than ‘vanilla’ tax planning. There has also been such a significant body of legislation and tax case law, that many advisers are reticent to suggest anything that HM Revenue and Customs might consider ‘aggressive’, however that might be defined.
Costs’ budgeting is now required knowledge for all trustees involved in after the 1st April 2013 pursuant to Civil Procedure Rule (CPR) parts 7, 8, 57 and 64 e.g. Beddoes applications, claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, challenges to Wills, applications concerning administration of estates.
Most legal businesses have found making money difficult since the credit crunch and the subsequent economic slowdown which began in 2008. Many firms have faced falling fee income due to a drop in demand for their services, coupled with pricing pressure, the like of which has not been experienced previously. This had lead in turn to a reduction in profits which has resulted in most firms looking again at their expenses and looking to find ways of reducing these without impacting on the quality of service provided to clients.
The majority of us are moving away from our laptops and buying ourselves a tablet that is smaller and lighter to carry about but we still need to be able to work on the go.
Given that Index-Linked Gilts are so expensive, trustees need to explore other avenues for inflation protection and that means understanding a bit more about what drives inflation and why internationalising the investment strategy might help.
This case will shock many practitioners. This salutary tale shows how even when a medical report is obtained where there is doubt over capacity and meticulous notes of conversations are kept, a practitioner can be negligent if they do not act quickly enough, do not chase up the medical report and are not proactive in checking instructions with the testator.
The Supreme Court gave its judgment in Prest v Petrodel Resources Limited and others  UKSC 34 on 12 June 2013 on the extent of the Court’s powers under s23 and 24 of the Matrimonial Causes Act 1973 in ancillary relief proceedings
Many clients own shares in private companies, so it is quite common for those shares to pass as part of the client’s estate. There can however be problems where the deceased was not only the sole shareholder in the company, but also the only officer of that company.
This is a sad case, which nonetheless is a useful reminder of the incidence of debts in estate administration. It reminds us how statute prescribes the order in which assets are to be used to settle liabilities
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