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Bloomsburry Family law

Wills, Trusts & Probate

TheTrustee Bill

The Trustee Bill, if passed and when it comes into force, will be a practical answer to some of those tricky issues we all come across from time to time, and a lot else besides. While it includes provisions relating to charitable trusts this overview concentrates on those relating to non-charitable trusts and wills.

Care in the Community Safe or Not?

It is now social services policy to keep people in their homes for as long as possible under the care in the community regime that was brought in by the NHS and Community Care Act 1990, and in Surrey the NHS have set up a home support system so that elderly people do not have to go into hospital unless absolutely necessary. Instead a team of professionals and carers helps to rehabilitate the person, and this may or may not include long-term care at home

Persuading reluctant clients to draw up a will

In this article I wish to touch upon a few points which may help you persuade a reluctant client to focus their mind on drawing up a will. These are presented from the point of view of a professional in a different field, that of probate genealogy. One of the services provided by Title Research is the identifying and locating of heirs at law under intestacy. The perspective and the insights gained from dealing on a daily basis with some of the practical problems caused by intestacy may perhaps lend weight to the message, which all legal advisers endeavour to get across to their clients.

Will drafting and execution: some cases to remember.

There have been a spate of cases on Wills recently which it will repay the busy practitioner to study carefully. Some relate to the negligence of solicitors in preparing the Will and ensuring it is executed properly. Others concern the enforceability of Wills against disappointed beneficiaries. This article is merely a brief summary of a few recent cases.

Taxation within the administration of an estate Liability and Protection

As if personal representatives did not have enough to worry about in the general administration of their estate, eg legatees demanding immediate payment of monies due to them, creditors of the estate wanting their money likewise, problems disposing of assets at the best price and possible questions arising from the interpretation of a will, personal representatives have also got to bear in mind the three main taxes and how they impact upon them during the administration of an estate

STATUTORY WILLS - A CASE STUDY

Mrs Jones, as part of her retirement planning, granted an enduring power of attorney to her nephew, Roger. Unfortunately, her mental faculties subsequently deteriorated and Roger, in complying with his legal duty, registered the enduring power with the Court of Protection. As time went on, Mrs Jones found it hard to manage living on her own and so moved into The Elms residential home.

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