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Cost of probate may drop following HMRC review

16 September 2010 | Iain Donaldson

Personal representatives may soon be excused from submitting an IHT400 form where the estate's assets pass free of inheritance tax (IHT) under the transferable nil rate band rule.  This lengthy form...

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Doing the right thing

16 September 2010 | Iain Donaldson

A recent case saw the law surrounding statutory wills examined.A statutory will is a will made on behalf of someone who lacks the necessary capacity to do so themselves by application to the Court of Protection.In...

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Sister Act

13 August 2010 | Shimon Shaw

The case of Charles and others v Fraser highlights how the courts will often look behind a will to determine the intentions of the deceased. Two sisters had each made a will in 1991.  They had made...

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Panorama tonight: Wills – the final rip off?

9 August 2010 | Shimon Shaw | 1 comment

There are lots of events in life which might make you think about writing a will.  Marriage, divorce, a child being born, a health scare, a new house.  If you use a professional to help you with this, you...

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It’s never too late….(or where there’s a will, there’s relatives)

6 August 2010 | Shimon Shaw

The case of Ashcroft v Barnsdale is an object lesson in how it can sometimes be worth crying over spilt milk. The case involved a deed of variation, which changed the terms of a will.  By way of background,...

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Mental capacity and wills

30 July 2010 | Iain Donaldson

In the case of Perrins v Holland, Mr Perrins lost mental capacity between the time of giving instructions to his lawyers as to the contents of his will and actually executing it.  The Court of Appeal...

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European Commission launches consultation on cross-border inheritance tax

5 July 2010 | Iain Donaldson

The European Commission has launched a public consultation on “tackling cross-border inheritance tax (IHT) obstacles within the EU.” Prior to 2003, the European Commission did not think it was necessary...

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Perpetuities and Accumulations Act 2009 coming into force (developers/landowners – don’t stop reading here, it is explained!)

27 January 2010 | Karin Holt

The Perpetuities and Accumulations Act 2009 (PAA 2009) received Royal Assent on 12 November 2009 and will come into force on 6 April 2010. From 6 April 2010, the rule against perpetuities will only...

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