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June 2021

  • 03

    Who Owns Your Body After You Die?

    There is a well-established general rule that when a human being dies, property in their body does not vest in anyone. Therefore, the simple answer to the headline question is that no one owns your body when you die (Williams v Williams (1882)). However, certain people are able to exercise rights over a body.

May 2021

April 2021

March 2021

  • 29

    Does Your Will Cover All Eventualities?

    Alan and Margaret Bailey were a married couple who died within months of each other in 2019. They had no children and had Wills leaving everything to each other. Shortly after the death of his wife, Mr Bailey instructed solicitors to prepare a new Will for him. However, Mr Bailey died of a heart attack before the new Will was signed. 

  • 26

    High Court Rules Will Invalid Following A Paralegal’s Drafting Error

    In the recent case of Mundil-Williams v Williams, the High Court ruled that a Will was invalid because the testator (a Welsh farmer) lacked knowledge and approval of its contents.

  • 23

    Trust Registration Deadline Extended

    The Trust Registration Service (‘TRS’) has been in existence since 2017. However, following the UK’s implementation of the 5th Anti-Money Laundering Directive, significant changes have been made to the service.

  • 23

    Budget Briefing 2021

    On 3 March 2021, the Chancellor, Rishi Sunak, delivered his second budget. With a national lockdown still in force, the focus of the budget was predominantly aimed on providing expenditure and support for individuals and businesses impacted by the ongoing pandemic. Whilst the Chancellor was clear to explain it was not the time to address the record levels of borrowing, some initial measures were announced. 

  • 19

    Public Consultation On Modernising Lpas To Be Launched

    On 16 February 2021, the Office of the Public Guardian announced that it was working with the Ministry of Justice on a project to modernise lasting powers of attorney (‘LPAs’). A public consultation is to be launched in spring 2021 on possible changes to the legal framework. This has been brought about by changes in behaviour during the pandemic, particularly an increasing demand for services to be provided by digital means.

  • 16

    Trust Wills – How The Royal Family Retain Some Privacy

    The Royal Family has been making global headlines recently, and the importance of privacy for them, and others, has been brought to mind.

     

February 2021

January 2021

  • 25

    Gifts To Charities – Don’t Let Them Fail

    In Knipe v British Racing Drivers’ Motor Sport Charity and others, the High Court adopted a pragmatic approach to ensure that legacies left to incorrectly named charities in a Will would not fail.

  • 20

    Items Of Cultural Significance Used To Settle Record Amount Of Tax In 2019/20

    HMRC’s Acceptance in Lieu scheme allows art and items of cultural significance to be transferred into public ownership in lieu of an Inheritance Tax or Capital Gains Tax liability. Works of art and historical items donated under the scheme are distributed among museums and galleries that are open to the public.

  • 18

    High Court Intervenes In Case Of Warring Trustees

    In Schumacher v Clarke and others, the High Court refused to approve a trustees’ agreement because it was fraught with conflicts of interest. The agreement concerned the appointment of funds under the Will trusts of the late architect, Dame Zaha Hadid. The issue was not the content of the agreement, but how the trustees came to reach it.

  • 11

    A New Will In The New Year?

    Happy New Year! Not so long ago you may have made a list of New Year’s Resolutions and, if you are particularly keen, may have already crossed one or two tasks off that list.

    But have you thought about making a Will? 

December 2020

  • 30

    How Does Brexit Affect Your Will….And Your Holiday Home?

    Brexit will have multiple legal effects upon us, including the use of passports to visit the EU, which will now need six months unexpired, your free health cover while you’re there and maybe your liability to foreign wealth taxes.  

  • 21

    The Probate Registry’s Backlog: Heads In The Sand?

    A substantial backlog has arisen at the Probate Registry, meaning that it is now taking as long as twelve weeks for probate to be granted. Backlogs began in 2017 due to a proposed hike in probate fees. The rise in fees was mooted again in 2019, prompting a further flurry of applications that added to the backlog.

  • 21

    Over €340,000,000 In Family Trusts: What Could Go Wrong?

    The High Court was asked to decide if a protector had been validly appointed to a series of family Trusts in a decision that would affect hundreds of millions of euros.

  • 13

    Care Home Visits: A Glimmer Of Hope

    Michele Davis suffered a catastrophic head injury in December 2018. After almost a year in hospital, she was moved to a specialist care home where she was visited by her husband for hours every day and also had frequent visits from her son and parents. The care home restricted visits during the first lockdown, but was able to relax the rules somewhat over the summer.  However, tougher restrictions were later re-introduced.

November 2020

October 2020

September 2020

July 2020

June 2020