Private Client - UK Legal Information Blog

What Makes a Good Lawyer an Expert?

02/01/202601/01/2026 by dwillis

THE MODERN EXPERT LAWYER: FROM COMPETENCE TO AUTHORITY Jurisdiction: England & Wales Focus: Legal Strategy, Argument Construction, and Resource Utilisation 1. Executive Summary: The Architect of Strategy In the modern legal landscape of England and Wales, “competence” is merely the entry ticket. The Statement of Solicitor Competence (SRA) mandates that we identify legal principles and … Read more

Rea v Rea [2024] – Undue Influence challenge to a Will

21/02/202516/03/2024 by dwillis

Case Summary: This case revolves around the validity of a will made by Mrs. Anna Rea in 2015 and undue influence. The claimant and appellant is her daughter, Rita Rea, while the defendants and respondents are her sons: Remo, Nino, and David Rea. Anna Rea made a will in 1986, after her divorce, appointing her … Read more

Registering Lasting Powers of Attorney

30/06/202229/07/2021 by dwillis

Solicitors registering lasting powers of attorney could be compelled to complete the process through the government’s digital channel under proposals to reform the LPA process published recently. Compulsion is among the options suggested to reduce the 6% error rate in applications from solicitors, as well as to save the cost of handling paper. These proposals appear … Read more

Delay in Probate will be over by Christmas

16/02/202011/12/2019 by dwillis

This is good news although the HMCTS didn’t say which Christmas!
In a meeting with the Law Society, HMCTS said grants of probate currently take around four weeks to be issued, but the process should take just two weeks by Christmas. It is also working to clear stopped applications that are blocking the system. HMCTS previously said the system would be back to normal in November.

No “reasonable financial provision” after living together for 42 years

30/06/202207/08/2019 by dwillis

In the case of Thompson v Ragget & others [2018] an unmarried couple lived together for over 42 years prior to the testator’s death in 2017. This case is similar but less acrimonious than Martin v Williams [2017] , also regarding an unmarried couple, with the addition of an estranged spouse. Both cases involve claims for reasonable financial provision and present and

How an Out of Date Will Can Lead to Costly Litigation

24/08/202406/08/2019 by dwillis

out of date will and no reasonable financial provision

Having an out of date Will can mean no reasonable financial provision and lead to unexpected and acrimonious litigation that can be very expensive. The recent case of Martin v Williams [2017] EWHC 491 (Ch) illustrates this as follows:-

Inheritance tax – Residence Nil Rate Band

24/08/201905/08/2019 by dwillis

The HMRC recently released data revealing that in 2018-19, it was a record year for inheritance tax receipts with a total of nearly £5.4 billion. This is an increase of £2 billion in 2017 -18. One of the factors driving this increase is the rise in the asset values, and in particular residential property. The inheritance tax nil rate band (NRB) has

Accredited Legal Representatives in the Court of Protection

16/02/202002/04/2019 by dwillis

The Law Society has published new practice guidelines for lawyers seeking appointment, or acting, as accredited representatives in the Court of Protection.

Court of Protection Guidance on vulnerable persons

05/03/201909/01/2018 by dwillis

Mr Justice Charles has released practical guidance in order to provide helpful suggestions as to how practitioners might consider enhancing the participation of P (vulnerable persons) in proceedings in the Court of Protection. Whilst this guidance is primarily directed towards health and welfare cases in the Court, it is also likely to be of assistance … Read more

Capacity – Wills

15/08/201902/12/2017 by dwillis

In Kunicki v Hayward [2016] EWHC 3199 (Ch) the High Court rejected a claim of fraudulent calumny in a probate claim. The deceased had capacity when he signed his will. He both knew and approved it’s contents. The court so held in this case where it was alleged that there was a contract to share the deceased’s estate.