The interpretation of a testator’s Will was challenged by the RSPCA as residuary beneficiary which caused the judge to comment that the charity’s claim was “extremely weak and should not have been brought”. However, the charity argued that all it was trying to do was to honour what it believed was the deceased’s intention.

An interesting recent thread on the Trust Discussion Forum reveals how easy it is to do what the client asks and believe you have drafted a simple clause which will do precisely what the client wants but yet cause probate mayhem.

I am all for simplicity but will the outcome work in the way anticipated by the client if technical words are not used? Sometimes what is required may seem to a lay person legal jargon but nevertheless it is necessary. Our job is then to explain what the words do and why they are needed.

The origins of a European instrument to govern mutual recognition of succession across the EU first appeared in 1998. There followed an extensive Green Paper which was issued in March 2005.

On 14 October 2009 the European Commission issued a long awaited draft Regulation. This can be found at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0154:FIN:EN:PDF#page=2.

However, on 15 December 2009 Jack Straw, as Minister of Justice, announced that the UK government has chosen to elect to opt out of the Regulation – it can opt-in later in the negotiations.

How will your practice be affected?

© Gill Steel, LawSkills Ltd. 2009

In the case of Devas v Mackay [2009] EWHC 1951 (Ch) the family of a wealthy widow succeeded in their claim against a home made Will leaving her entire estate to the son of her carer. Mrs Devas had been isolated from her family by her dementia and arguably by the behaviour of her carers. Her capital was substantially depleted before her death in 2006 giving rise to the suspicion of fraud by those caring for her.

The STEP provisions 1st Edition were in need of updating to reflect both changes in the law and practical problems in administration.  It seems hard to think that since the 1st Edition was published we have had the Trusts of Land & Appointment of Trustees Act 1996, the Trustee Act 2000 and the FA 2006.

The Bill has now been heard by the House of Lords and has passed to the House of Commons which will not now be able to consider it further until after 12 October 2009.

In the summer clients often want their Wills prepared in a hurry before they go on holiday. The poor Will draftsman has to drop everything but what if the crucial problem is not asking the right questions about the connection this client has with his destination of choice? Could it be that the client is actually legally or fiscally linked to the jurisdiction in which his holiday is to take place? The Will draftsman will forget the critical questions at his or her peril.

The so-called simplification of Will drafting by the introduction of the Transferable Nil Rate Band (TNRB) has complicated matters for some clients. Where the clients have been married (or been in a civil partnership) before particular care is required in assessing the use or transferability of the previous spouse/CP unused nil rate band. The Will drafter should focus on where any unused nil rate band may be wasted and whether the client appreciates the options open to him. For a simple checklist to consider in such circumstances please click below.

CHECKLIST - download pdf here

© Gill Steel, LawSkills Ltd. 2009

The vexed question of whether or not Will drafting should be regulated has dogged the legal world for years. However, as we await deliberations on the regulation of solicitors by Lord Hunt on behalf of the Law Society and the decision of the newly created Legal Services Board on which legal services should be regulated and which need not, it seems timely to re-visit this question. The overwhelming majority of those responding to the poll survey on this website were in favour of regulation.

HMRC are replacing the IHT200 with IHT400 with effect from 9 June 2009 but the new form is already available on the HMRC website. The basic concept of the IHT account is unchanged – it will continue to constitute a core form with various schedules.