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    Article Category

    Monthly Archive for: "September, 2010"

    Training Trends

    September 30, 2010

    It’s that crucial time of year when we are all looking at the calendar to see if we have collected all the required CPD points for the year.

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      Deed of Variation – Rectification – Ashcroft v Barnsdale [2010] EWHC 1948

      September 24, 2010

      The function of rectification is to put right a mistake in the way the parties recorded their agreement. The problem often is that it is hard to distinguish the misapprehension about the tax [...]

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        Probate Q & A – Transferring US assets to the UK

        September 24, 2010

        Samantha Waller, from specialist probate research firm Title Research, explains the hurdles to overcome when dealing with US assets worth more than $60,000 at the date of death.

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          Managing Risks and Managing PI Premiums

          September 24, 2010

          All law firms in England & Wales are required to obtain professional indemnity insurance with a common renewal date of 1st October. This requirement creates a scramble every September with about [...]

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            Life Assurance Bonds – Taxation on Encashment

            September 24, 2010

            This article looks at the broad tax situation when a life assurance bond is encashed, either as a claim because the sole or last surviving life assured has died, or because the executors require [...]

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              Construing a Will in the Probate Court

              September 14, 2010

              The growing shift from a “literalist” to an “intentionalist” approach to Will construction is illustrated by decisions such as Blech v Blech [2002] WTLR 483 and Thomas v Kent [2007] WTLR 177. [...]

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                Consultations, consultations, consultations

                September 10, 2010

                A lovely sunny morning; it’s Friday and thoughts turn to the weekend, drinks with friends; time with the family and generally achieving some work/life balance. I turn to the task of reading a [...]

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                  The litigous erosion of freedom of testamentary expression continues ….

                  September 8, 2010

                  ... with the third successful mutual Wills case in just under a century.... Mr. Jonathan Gaunt QC sitting as a deputy Judge of the Chancery Division decided the matter of Charles v Fraser [...]

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                    Constructive trust – Kernott v Jones [2010] EWCA Civ 578; [2009] EWHC 1713; WTLR1771

                    September 3, 2010

                    The ever difficult decision as to the division of property assets on the breakdown of a cohabitation relationship continues to cause inevitable pain. The Court of Appeal has reversed the first [...]

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