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    Monthly Archive for: "June, 2014"
     Book review: “Urgent Applications in the Court of Protection”

    Book review: “Urgent Applications in the Court of Protection”

    June 26, 2014

    This is the second edition of this book. It has been up-dated to reflect recent cases, and further developments in practice at the Court of Protection. The book focuses on the law and practice [...]

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       An Introduction to Spanish Probate

      An Introduction to Spanish Probate

      June 26, 2014

      Discovering that there are Spanish assets in a non-Spanish estate gives rise to a number of issues in estate administration. Some key points are:

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         Capacity & termination of solicitor’s retainer – Blankley v Central Manchester and Manchester Children’s Hospital [2014] EWHC 168

        Capacity & termination of solicitor’s retainer – Blankley v Central Manchester and Manchester Children’s Hospital [2014] EWHC 168

        June 20, 2014

        The High Court has ruled that a person’s mental incapacity does not have the automatic and immediate effect of terminating a solicitor’s retainer.

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           An update on ‘reasonable financial provision’

          An update on ‘reasonable financial provision’

          June 18, 2014

          Earlier this year the well-known case of Ilott v Mitson and Others was back before the court - Ilott v Mitson and Others [2014] EWHC 542. This time the High Court was concerned, with an appeal [...]

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             EU certificates of succession

            EU certificates of succession

            June 16, 2014

            There have been many attempts to harmonise succession laws within the EU. It is clearly a barrier to the free movement of goods/persons if probate, or the local equivalent, has to be obtained in [...]

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               Payment of CGT by non-residents on sale of residential property – your views required

              Payment of CGT by non-residents on sale of residential property – your views required

              June 12, 2014

              The Autumn Statement in December 2013 included the announcement of an extension of capital gains tax (CGT) to non-resident owners disposing of UK residential property. On 28 March HMRC published [...]

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                 Book Review – Cretney & Lush on Lasting & Enduring Powers of Attorney (7th Edition)

                Book Review – Cretney & Lush on Lasting & Enduring Powers of Attorney (7th Edition)

                June 12, 2014

                The seventh edition of this book is a ‘must have’ for the Private Client Practitioner. This edition has been significantly updated to include recent developments that assist the Practitioner in [...]

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                   What constitutes a settlement for the purposes of CGT Principal Private Residence relief?

                  What constitutes a settlement for the purposes of CGT Principal Private Residence relief?

                  June 11, 2014

                  The Appellants in this case challenged HMRC’s assessment to capital gains tax (CGT) in relation to the gain they made on the sale of a property they owned. In spite of the fact that none of the [...]

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                     Removal of executors: National Westminster Bank plc v Lucas [2014] EWHC 653 (Ch)

                    Removal of executors: National Westminster Bank plc v Lucas [2014] EWHC 653 (Ch)

                    June 11, 2014

                    On 11th March 2014 Sales J decided two applications relating to the administration of the estate of the late Jimmy Savile. One of them was an attempt by beneficiaries of the estate to remove [...]

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                       Can a testator have cognitive impairment yet still have testamentary capacity?

                      Can a testator have cognitive impairment yet still have testamentary capacity?

                      June 3, 2014

                      In this sad case, there was no question of a carer taking advantage of the testator. The testator was found to have an underlying cognitive impairment which meant that although she appeared to [...]

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