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A Hard Nutt to Crack

Posted by , Associate

The Court of Appeal recently dismissed claims by Christopher and Vivien Nutt alleging that their brother, Colin, had unduly influenced their mother into leaving him her home in her Will dated 2010. Mrs Nutt’s previous Will had divided her estate equally between her three children.

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Jewish Divorce

Posted by , Solicitor

Orthodox Jewish Marriage & Divorce

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IHT Rules are changing… are you losing out?

Posted by , Partner

One of the most popular legal services available on the internet is Will-writing. But where do they stand on the scale of effectiveness and, crucially, enforceability after death? Investigations have found that these platforms are not keeping up with the changes in inheritance law, meaning those using these services, without legal advice, could be missing out on changing tax allowances.

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Current intention or a binding promise?

Posted by , Associate

Two recent disputes involving farming estates in the South West have looked at the issue of promises of inheritance made to children and what happens if those alleged promises appear to have been broken. Here we consider the relevant law further and look at what can be learnt from these cases.

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Oxfam scandal – a lesson to be learned?

Posted by , Solicitor

The UK’s charity sector is under close scrutiny, both nationally and internationally, following allegations that Oxfam workers were involved in the hiring of prostitutes and engaged in sex parties whilst working on earthquake relief projects in Haiti and a humanitarian mission in Chad. But what can the sector learn from these events going forward?

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The Forfeiture rule – when is relief granted?

Posted by , Solicitor

The Forfeiture Rule is a well known concept under common law. If someone unlawfully kills another person (murder or manslaughter) the Forfeiture Rule will prevent them from inheriting under the deceased`s estate.

However, a relief does exist under the Forfeiture Act 1982. This gives the court a discretionary power to waive the rule, provided that the killer has not been convicted of murder.  The exercise of this discretion was evident in the recent case of Macmillan Cancer Support v Hayes.

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Lasting Powers of Attorney – do you really need one?

Posted by , Associate

It only seems like five minutes ago we were celebrating Christmas and heralding the arrival of 2018. It is often around this time that best laid plans for New Year Resolutions start to unravel but sometimes decisions you make really do need to be seen through – especially when they are going to make life much easier for your loved ones and friends.

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Can estranged adult children claim against a Will?

Posted by , Associate

After a landmark case was concluded earlier this year, many people assumed that Will dispute claims by adult children, particularly estranged ones, would be far more difficult to win, if not impossible. However it seems that this is not necessarily the case.

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Getting back what you put into your co-owned property

Posted by , Associate

The last thing unmarried couples who have bought a house together tend to think about is “what happens to the house if it all goes wrong?” What if your relationship breaks down? Will you get back what you put in financially? It’s not the most romantic of topics!

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Your last Will and Textament – could digital Wills create more problems than they solve?

Posted by , Associate

Digital Wills

Today the Law Commission launched their public consultation, looking at whether the existing rules on how Wills are made should be updated for the modern world. One of the things this consultation will consider is whether people’s electronic communications, such as texts and emails, should be recognised as a valid Will in exceptional circumstances. This is an exciting innovation that bridges the gap between outdated laws and the modern age, but would change necessarily be for the better?

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Charitable legacies are looking more secure: outcome of Ilott

Posted by , Associate

In March 2017, the Supreme Court ruled on the long running claim brought by Heather Ilott against the estate of her late mother, Melita Jackson. Whilst the Supreme Court’s decision did not represent a significant change in the law and Mrs Ilott was, technically, successful in her overall claim, the decision made by the Supreme Court suggests that charitable legacies may be less open to challenge than previously thought.

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The new online trusts register – what do trustees need to do?

Posted by , Solicitor

HM Revenue & Customs (HMRC) are due to release their new online Trusts Registration Service imminently. The entire process of registering and updating trust details will go digital this year, replacing the paper 41G (trust) forms, in an effort to crack down on money laundering and tax avoidance as well as to reduce delays and errors through lost paper forms etc.

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