To act or not to act? That is the question
Recent cases and reform show the importance of deciding whether or not to act for a client, especially for probate solicitors.
By Annie Knoke and Yvette Morris - 2 min read
Life tenants, remaindermen settled estates and insurance
Wills and settlements should clearly state insurance obligations. By WILLIAM V. WINDEYER.
By William V Windeyer - 7 min read
Duty of care to prospective beneficiary under a will? Badenach v Calvert
A solicitor approached to draft a will does not always owe a duty of care to a prospective beneficiary. By ABBEY BURKE.
By Abbey Burke - 2 min read
Life estates and personal rights of residence
When construing a will, attention should be given to the whole of the will to ascertain the testator’s intention. By DARRYL BROWNE.
By Darryl Browne - 2 min read
Executors: when duty and personal interests conflict
An examination of the key authorities demonstrates that the Court places great weight on a testator’s appointment of an executor and trustee and will not…
By Peter Baltins - 2 min read
Blended families: recent trends in family provision claims
The contest between the deceased’s obligations to a second wife or husband and obligations towards adult children by the first wife or husband is familiar…
By Darryl Browne - 1 min read
Solicitor’s liability to estate beneficiaries
Ensure your client has capacity; consider an informal will in appropriate cases. By PETER MORAN and TOBY BLYTH.
By Peter Moran and Toby Blyth - 2 min read
Benjamin orders and the proof or presumption of death
The question of how to deal with missing beneficiaries continues to arise in wills and estates cases. By DARRYL BROWNE.
By Darryl Browne - 3 min read
Will making and hidden tax stings
Remember that transfers to beneficiaries of a will under a power of sale or testamentary option are not CGT free. By JIM MAIN.
By Jim Main - 2 min read
Wealth – don’t leave it to the children?
Family business is a large and growing part of the economy, however family business owners often fail to devote sufficient time to planning the succession…
By Donal Griffin - 1 min read
Searching for beneficiaries: how far does a practitioner’s duty extend?
Do legal practitioners owe a duty to missed beneficiaries or entitled persons overlooked on intestacy? By CHARLOTTE SCHAEFER.
By Charlotte Schaefer - 1 min read