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Contingent gifts in wills

Many individuals include gifts in their wills that require an event to happen or an action to take place prior to a beneficiary inheriting (this is called a contingent gift)....

September 23, 2019
Opinion

A dark horse with blurred lines: A brief overview of Intellectual Property and Copyright in estate planning

There has recently been a re-emergence of back and forth Copyright cases in the news involving musicians such as Katy Perry, Robin Thicke, Led Zeppelin and Ed Sheeran to name...

September 2, 2019
Opinion

What happens when the court has to decide who died first?

This week the High Court gave judgement on a probate dispute involving a battle between two step sisters. The court had to decide which parent had died first. The case…

August 15, 2019
Opinion

Court of Appeal Reverses Mostyn’s Decision in Cowan: Standstill Agreements Are No Longer Invalid

Cowan v Foreman [2019] EWCA Civ 1336 For those unaware, earlier on this year a case was brought before Justice Mostyn – a judge of the Family Division of the…

August 2, 2019
Opinion

It’s a matter of Trust…

With distrustful spouses and threats of divorce, it is all too common a question as to how can someone protect any family inheritance from reaching the hands of a divorced...

July 24, 2019
Opinion

Who died first?

The recently reported case of stepsisters asking the Court to rule whose parent died first to determine which of them should inherit, relates to the little known commorientes rule.

June 28, 2019
Opinion

Doing Death Differently: A Guide to Modern Funerals

Coming to terms with the end of your life can be a challenge in itself, let alone planning your own funeral to take the pressure off anyone guessing what you…

June 13, 2019
Blog

Valid Wills: C-O-R-R-E-C-T? Find out what it needs to be…

It was originally thought that the late great singer Aretha Franklin had died without a Will following her battle with pancreatic cancer. However, it has been announced in recent news...

May 22, 2019
Opinion

Predatory Marriages: Till death do “you” part

For the most part, the motives of people entering into a marriage or civil partnership are genuine in that couples pledge vows and their love to one another, with the…

April 30, 2019
Opinion

The Digitalisation of the Probate Registry

The Probate Registry have recently announced that, from 4 March 2019, the style of the grant of probate (the Grant) will change. Previously, the Grant was personally signed by a...

March 28, 2019
Opinion

A tax by any other name- proposed changes to probate court fees

Just under two years after the threat of huge probate fee increases were dropped, they are back on the horizon. Instead of a flat fee of £215 for personal applications...

November 9, 2018
Opinion

Top five reasons people put off writing their will

Private client lawyer Nicola Waldman shares the most common 'excuses' she hears from people procrastinating over making a will.

September 13, 2018
Opinion

Taking the complexities out of inheritance tax – Surely it’s time for change?

The Chancellor has written to the Office for Tax Simplification (OTS) asking them to review and simplify the inheritance tax (IHT) regime noting that it and the ‘system within which...

February 6, 2018
Opinion

Living Wills – who knew?

This week, a significant award was made to the family of an 81 year old woman who was kept alive by a hospital, against her will. This case highlights the...

December 8, 2017
Blog

What to do if you’re suddenly cut out of a will

Nicola Waldman highlights circumstances in which you might consider challenging a Will. The story of Sam James, a man suing his mother and sisters after he was disinherited, hit the…

November 7, 2017
Opinion

The formalities of making a will – is a change of law on the horizon?

The BBC recently reported on a rather bizarre story coming out of Australia. A court decided that an unsent text message found within a deceased man’s mobile phone was enough...

October 19, 2017
Opinion

Possible remedies for the disinherited

The case of a son, who is suing his mother and sisters after he was cut out of his dementia suffering father’s will is widely reported in the press this...

October 12, 2017
Opinion

Homemade Wills – do they work?

In the recent case of Vucicevic v Aleksic, the High Court has managed to interpret a homemade, handwritten will, made by a testator with poor written English, which had a...

October 9, 2017
Opinion

Lasting Powers of Attorney – the debate

Denzil Lush (former Senior Judge of the England & Wales Court of Protection) has been widely quoted in the press, talking about the lack of safeguards with Lasting and Enduring...

August 16, 2017
Blog

Clarifying who will make decisions for you if you can no longer do so

Lasting power of attorney and advance decisions are two ways you can ensure your wishes are fulfilled if you are no longer capable of making decisions yourself explains Nicola Waldman....

May 31, 2017
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