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Trusts Wills and Probate Updates

Putting Money Into Property You Do Not Own? Are You Protected?

Published on: 05 November 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Putting Money Into Property You Do Not Own? Are You Protected?

Before putting money into property which you do not legally own, it is absolutely vital to take professional advice and make sure that you are properly protected. In a case which proved the point, a publican who began working behind the bar in his teens and invested over £300,000 in the premises ended up being put out on his ear.

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Do You Have An Up To Date Will? If Not, Your Loved Ones Could Suffer!

Published on: 18 October 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Life moves on and relationships can come and go, so it is always vital to ensure that you have an up to date will which truly reflects your wishes. In a case which strikingly made that point, a woman was sent to prison for forging her partner’s will in an attempt to stop his estranged wife from inheriting everything.

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Animal Charities Triumph in ‘Death Bed’ Gift Dispute

Published on: 11 June 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Animal Charities Triumph in ‘Death Bed’ Gift Dispute

In a unique case, which raised the perplexing issue of ‘death bed’ gifts in stark form, the Court of Appeal has handed animal charities victory over a man whose aunt gave him the deeds to her £350,000 home five months before she died.

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Writing Your Will? Remember What You Have Promised!

Published on: 26 May 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Writing Your Will? Remember What You Have Promised!

Who you decide to benefit in your will is up to you – but your freedom of choice may be restricted by any binding promises that you have made. In one case, a man who failed to honour his word and give his farm to his son has had his will effectively re-written by a judge following his death.

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Wealthy Pensioner Triumphs in Lasting Power of Attorney Case

Published on: 19 May 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

A high net worth pensioner, who was reluctant to give up control of his fortune and laid down intricate conditions before signing a lasting power of attorney (LPA), has struck a blow for the right of everyone to choose how their assets should be dealt with if they lose the capacity to decide for themselves.

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Unmarried Couples – Are You as Secure as You Think?

Published on: 06 May 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

In a case which stands as a warning to unmarried couples that their assumptions of security are often wrong, a dog breeder who said that she was left with nothing but an Airedale terrier after she split from her partner of more than 30 years has failed to win a stake in his £750,000 kennels business.

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Your Property is Your Business – But You Can Confide in Your Lawyer

Published on: 08 April 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Your Property is Your Business – But You Can Confide in Your Lawyer

Everyone is entitled to play their cards close to their chests when dealing with their own property. However, in one case, a father’s reluctance to confide in others or to seek proper legal advice led to a bitter row between his children after his death.

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Pension Flexibility – Guide to the New Rules

Published on: 22 March 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

There has been a great deal of publicity about the forthcoming changes in the law relating to pensions and their uses. The changes are comprehensive and change the tax position significantly and also the uses which can be made of pension funds.

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Getting Old and Worried About the Future? – A Solicitor Can Help

Published on: 26 February 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Pensioners who are worried about the future should consider appointing a legal professional to manage their finances if they lose the ability to make decisions for themselves. Relying on family members to step in to the breach may well not be the right option as a court decision revealed.

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Missing Document Triggered Titanic Inheritance Tax Row

Published on: 22 December 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

Maintaining a reliable filing system can be vitally important, as one family discovered when a crucial document could not be found following a couple’s death. The missing document triggered a costly dispute in respect of Inheritance Tax (IHT) liabilities which took more than seven years to resolve in the family’s favour.

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High Court Saves Businessman from £650,000 Tax Bill

Published on: 16 December 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

A judge has come to the aid of a businessman who signed a trust document with the intention of saving inheritance tax (IHT) and benefiting his children – but ended up facing a £650,000 Capital Gains Tax (CGT) bill following a ‘very serious mistake’.

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‘Controlling’ Daughter Must Repay Mother’s £293,000 ‘Gift’

Published on: 11 December 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

A 'controlling' daughter who isolated her frail mother in a care home against her will, and kept her death and funeral a secret from her wider family, has been ordered to repay a £293,000 ‘gift’ into her estate so that it can be distributed in accordance with her will.

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Double ISA Allowance for Surviving Spouses

Published on: 03 December 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

From 3 December 2014, a surviving spouse or legal partner will 'inherit' the ISA allowance of their deceased spouse or partner.

The move, announced in the Chancellor of the Exchequer's Pre-Budget statement, means that the survivor will effectively have a double ISA allowance after the death of their spouse or partner.

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Poisonous Letter Led to Daughter’s Disinheritance

Published on: 26 November 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

In a family tragedy played out in public at the High Court, a judge has ruled that a widow who told her mother that she never wanted to see her again and wished she was dead had only herself to blame when the old lady wrote her out of her will.

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Ex-Husband Can’t Have Slice of Deceased Mother-in-Law’s Estate

Published on: 23 October 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

In a case in which the bitter fall-out from divorce affected not only the ex-couple but their entire family, a disgruntled ex-husband has suffered defeat in a High Court bid for a share of his deceased former mother-in-law's £250,000 estate.

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Inheritance Row Hinges on Billionaire Oligarch’s Blood Sample

Published on: 29 October 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Inheritance Row Hinges on Billionaire Oligarch’s Blood Sample

In an important decision which illustrated the extent to which English judges can aid foreign courts in the gathering of evidence, the High Court opened the way for a sample of blood taken from a deceased billionaire to be shipped to Russia.

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Inheritance Ruling

A recent Court of Appeal ruling means that if you wish to disinherit your children you will have to explain your reasons for doing so, to prevent the likelihood of a successful challenge.  Ideally you should provide your detailed reasons for the provisions in your will in a separate document.

Son Who Abused Power of Attorney Jailed for Fraud

Published on: 31 May 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Assuming responsibility for the financial affairs of elderly and vulnerable relatives is an onerous, and sometimes legally hazardous, task which might best be left to a qualified lawyer. In one case, a son who used his frail mother’s money for his own purposes ended up being jailed for fraud.

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Inheritance and Divorce – Court of Appeal Guidance

Published on: 21 May 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

The treatment of inherited money in the context of divorce is always controversial. In one such case, a woman was permitted to re-open her divorce settlement after her ex-husband inherited £180,000 on the unexpected death of his father.

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Crime Victim’s £3 Million Award Causes Legal Quandary

Published on: 17 May 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Compensation paid to victims of violent crime must never benefit those who caused their injuries. However, when assaults are committed in a family context it is often extremely difficult to ensure that that does not happen.

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Widow Claims £15.4 Million Inheritance Was Not Enough

Published on: 14 April 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

The widow of a property magnate, who was left assets worth £15.4 million in his will, has won the right to argue that the inheritance was insufficient to keep her in the style that she was entitled to expect and that her husband failed in his duty to make reasonable provision for her as his dependant.

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Are Your Mental Abilities Waning? See a Solicitor Before It’s Too Late!

Published on: 30 March 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

The twilight years of many pensioners are blighted by family squabbles over the destination of their assets. However, as revealed by one High Court case, many such problems can be avoided by prompt consultation of a solicitor.

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Make Sure Your Will Reflects Your True Wishes Before Signing It!

Published on: 19 March 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

It may seem obvious that, when signing your will, you should carefully read it through to ensure that it accurately reflects your wishes. However, one man’s failure to do just that triggered a High Court dispute between his children and step-children.

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Writing a Will? You Can’t Ignore Family and Dependants!

Published on: 18 February 2015 | in categories: Legal Updates | Trusts Wills and Probate Updates

Many people will be surprised to know that wills are not always written in stone and that those with dependants are not permitted to ignore them when making their bequests. In an illustration of the point, a judge has directed that a disinherited son’s postgraduate education costs should be paid, at least in part, out of his deceased father’s £2 million estate.

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Delay Thwarts Pension Trustee’s £5.4 Million Negligence Claim

Published on: 18 December 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

The corporate trustee of a large occupational pension scheme, which claimed that its professional advisers negligently failed to follow instructions, has had its £5.4 million damages claim struck out – after it delayed too long before launching legal action.

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Mother ‘Unlawfully Excluded’ Son from £1.2 Million Home

Published on: 14 December 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

In an extraordinary case of familial love turned to blind fury, a 79-year-old mother has been ordered to sell the £1.2 million home where she has lived for almost 40 years - because she cannot share it with the grown-up son she loathes.

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Brain Tumour Victim’s Will Was Valid Court Rules

Published on: 08 December 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

Two sisters who said their cancer-stricken mother did not know her own mind when she left the lion’s share of her substantial estate to her partner, who was barely half her age, have failed in a High Court bid to overturn her will.

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£675,000 Will Dispute Fractures Farming Family

Published on: 03 December 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

£675,000 Will Dispute Fractures Farming Family

When a grieving widower reunited with a childhood friend and left her everything in his will – cutting out his three adult children from his £675,000 estate – the result was a bitter feud which tore apart a farming community and led to the High Court.

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Earl Fails to Block £11.5 Million Stately Home Sale

Published on: 09 November 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

Earl Fails to Block £11.5 Million Stately Home Sale

One of Britain’s finest stately homes, Tottenham House, will be sold to a mystery buyer for £11.25 million – despite the fierce objections of the Earl of Cardigan – after the Court of Appeal ruled that estate trustees had acted reasonably in their attempts to obtain the best available deal.

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Mentally Ill Killer Cannot Inherit Victim’s Estate

Published on: 02 October 2014 | in categories: Legal Updates | Trusts Wills and Probate Updates

A mentally ill killer who slaughtered his partner, as well as their six-year-old son, with a bread knife has failed to convince the High Court that he should be permitted to inherit the money and assets his victim left to him in her will.

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