Latest blog entries
Posted in Industry News by Susannah Colmer | 29.07.10
There is often confusion as to how jointly owned assets should be treated upon the death of one party and often people wrongly assume that the surviving owner takes all.An example of an asset passing by survivorship is in the case of a property which is owned by the parties as joint tenants. For the person who dies, their share of the property passes to the surviving joint owner automatically on their death. If however the property is owned as tenants in common, then the deceased's share of the property will pass in accordance with their Will or under the rules of intestacy if they...
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Posted in Industry News by Lynsey Harrison | 28.07.10
In a previous blog "Specialist Lawyers Lead the Way", I illustrated that contentious probate claims are on the increase. The areas in which the rise has been most prolific are claims challenging the validity of a Will and claims made by disgruntled beneficiaries under the Inheritance (Provision for Family and Dependents) Act 1975. The reasons for this increase are well documented but what of the solicitor who drafted the particular Will in question? Can they stay out of the spotlight when a claim or a potential claim is commenced?Pre-emptive protectionBy their very nature, contentious probate cases arise...
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Posted in Industry News by Laura Bowler | 28.07.10
Under the common law ‘forfeiture rule' a person who unlawfully kills another or aids and abets suicide will forfeit any benefit that he or she would have received from the estate of the deceased. In these circumstances, it may be expected that if a person is disqualified for murder, the benefit that they may have obtained under the deceased's estate would pass to the children of the killer or assister. However, under current law, the estate will pass to the deceased's other relatives. These consequences follow from the Court of Appeal's decision in Re DWS (Deceased) [2001] Ch 568 (CA). In Re...
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Posted in Industry News by Sharon Pallagi | 28.07.10
The Perpetuities and Accumulations Act 2009 came into force on 6 April 2010. This blog considers the changes made by the introduction of this Act.A trust interest is not perpetual and must come to an end and vest in a beneficiary within the perpetuity period. At common law, the perpetuity period ended 21 years after the death of anybody named in the instrument creating the trust. Following the Perpetuities and Accumulations Act 1964 (the 1964 Act), settlors could select a fixed perpetuity period not exceeding 80 years. Income accumulation within a trust was commonly restricted to 21 years from the date of the settlement and the minorities of beneficiaries being under the age of 18.
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Posted in Industry News by Clare King | 27.07.10
The deprivation of liberty safeguards (DOLS) were implemented on 1 April 2009, under the Mental Capacity Act 2005. They provide legal protection for vulnerable people who are, or may become, deprived of their liberty within Article 5 of the European Convention on Human Rights (ECHR). Here follows a basic guide to the DOLS:To be covered by the safeguards, a person must be detained in a hospital or care home for the purpose of receiving care or treatment. The safeguards do not apply to those detained in hospital under the Mental Health Act 1983. There are 3 main elements to the safeguards:to provide the person with a representative;...
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Posted in Industry News by Deborah Warren | 26.07.10
The Equality Act 2010 has two main aims. The first is to harmonise current discrimination legislation which is currently spread over a number of different acts and regulations and the second is to strengthen anti-discrimination legislation relating to sex, race, disability, pregnancy, age, marital status, gender reassignment, religion and belief and sexual orientation (the "protected characteristics"). The Act also makes a number of significant additions to anti-discrimination legislation. For example, it proposes to widen the definition of direct discrimination and harassment to include discrimination on the grounds of association with a person who has a protected characteristic and discrimination because of a perceived protected characteristic. In addition, the...
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