Perpetuities and Accumulations Act 2009 coming into force...
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...
View ArticleEuropean Commission launches consultation on cross-border inheritance tax
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...
View ArticleIt’s never too late….(or where there’s a will, there’s relatives)
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...
View ArticlePanorama tonight: Wills – the final rip off?
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,...
View ArticleSister Act
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...
View ArticleDoing the right thing
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...
View ArticleCost of probate may drop following HMRC review
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...
View ArticleEU consultation on cross-border IHT extended
Back in early July, I wrote about the European Commission’s consultation on possible approaches to tackling cross-border inheritance tax obstacles within the EU. This consultation, which was due to end...
View ArticleLegal Services Consumer Panel asks for views on the will-writing industry
The Legal Services Consumer Panel has recently published a document asking for members of the public, lawyers and interested organisations to give their opinions on the will-writing industry and to...
View ArticleThe cost of being a grandparent rises to £120,000
Research carried out by NSM Research on behalf of Yours magazine has concluded that the average cost of being a grandparent (over the first 18 years of their grandchild’s life) is £50,252. If the...
View ArticleCare home fees threaten wills
Newly-published research by health care analysts Laing & Buisson and the House of Commons Library has revealed that thousands of pensioners are being forced to sell their homes in order to pay...
View ArticleContested wills on the rise
According to new High Court statistics published in The Independent newspaper on 28 November, the number of people challenging wills through the courts has risen by 38 per cent over the past year – and...
View ArticleConsultation reveals growth in support for the regulation of will-writing
Back in October 2010, I wrote that the Legal Services Consumer Panel (LSCP) had asked members of the public, lawyers and other interested parties to give their opinions on the will-writing industry....
View ArticleBritons are needlessly paying billions in tax – are you one of them?
The professional advice website unbiased.co.uk has recently published its 19th annual Tax Action Report and, according to its findings, British taxpayers are set to unnecessarily hand over £13.5bn to...
View ArticleConsultation on charitable giving in wills
For deaths on or after 6 April 2012, estates that include charitable legacies of at least 10% of the net estate will benefit from a 36% inheritance tax (IHT) rate. The key points are as follows: The...
View ArticleLSB launches first statutory investigation into will-writing
On 14 July 2011, the Legal Services Board (LSB) – the independent body that oversees the regulation of lawyers in England and Wales – launched a statutory investigation into improving the protection...
View ArticleLaw Commission proposes reforms to intestacy law
In a report published on 14 December 2011, the Law Commission has put forward its recommendations to reform the intestacy rules and the Inheritance (Provision for Family and Dependants) Act 1975. When...
View ArticleChanges to inheritance tax will impact on non-doms
In April 2013 there will be a change to inheritance tax which may be a welcome boon to couples where one spouse is non-UK-domiciled. (In this blog I will use spouses to mean both spouses and civil...
View ArticleCase Update – Validity of Wills and their rectification
In the recent decision of Marley v Rawlings and another [2014] UKSC 2 the Supreme Court provided further guidance on the validly of Wills and their rectification. Background In May 1999 Mr and Mrs...
View Article
