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Bloomsburry Family law

Wills, Trusts & Probate

Advising the Elderly and the Solicitors Indemnity Fund

All solicitors will be aware of the proposed new rules for calculating contributions to the Solicitors Indemnity Fund to cover the shortfall. The proposals as recommended by The Law Societys standards and guidance committee are summarised in the Law Societys Gazette of 16 February and 5 March 1998 but the full consultation document has now been issued. I have not had time to study this in detail so this article is based on the summaries in the Gazette.

The Social Security Bill 1998

The Social Security Bill attracted considerable attention on its passage through Parliament over the issue of cuts in benefits for lone parents, but the Bill is probably more significant for the changes being made to the way in which decisions are made in social security cases. The whole system of tribunals will be overhauled and fundamental changes made to the process of decision making in social security and other cases. The role of the Adjudication Officer (AO) will disappear and there will be a new system of reviewing decisions. Most of these changes are expected in 1999.

Solicitors for the Elderly

Readers of the Elderly Client Adviser will have been aware over the last twelve months of the development of the Croup known as Solicitors for the Elderly. Throughout the period from its foundation the Group has met and has discussed critical issues affecting the older client. The concern of the Group has been the issue of the quality of legal services being offered to older people and the Groups principal aim has been to overcome this.

Tax Efficient Settlements and the 1975 Act

In the follow up her article on Deeds of Variation Sarah Lacey discusses the tax implications of post death variations under the Inheritance (Provision for the Family and Dependants) Act 1975. Sarah is a Chancery barrister practising at 3 Stone Buildings, Lincolns Inn.

Varying Provision on Death: Some Less Familiar Methods

By far the most common method of varying a will or the provision on intestacy is the execution of an instrument of variation; particularly when tax efficiency is a consideration. However, in some circumstances a simpler and equally efficient method may be available. This article looks at two such methods: disclaimers by beneficiaries, and elections by a spouse to capitalise a life interest to which she would otherwise be entitled under intestacy.

Enduring Powers of Attorney : Some Common Queries

The area of Enduring Powers of Attorney is not as simple as it may at first appear. In this article Heather Redman, a senior solicitor specialising in wills and tax planning, probate and attorneyship, looks at common problems from the clients perspective.

When Death is Not the Last Word

In the first of a series of articles Sarah Lacey, a Chancery Barrister at 3 Stone Buildings, Lincolns Inn, practising in all areas of trusts, probate and tax, examines the tax consequences of post death rearrangements, and in particular Deeds of Variation.

Charitable Gifts for Elderly Clients

Elderly clients are often more inclined than the younger generation to make charitable gifts in their Wills; the reasons for this are varied. They may have a larger estate with fewer dependents; they often have personal experience of charities e.g., through relatives suffering disease and receiving help from a particular charity. Surviving spouses who are childless may be particularly interested in charitable bequests and the solicitor needs to advise appropriately on the various options and pitfalls. In this article Emma Chamberlain discusses some of the common issues that can arise.

Paying for Nursing and Residential Care: A Unique Survey

Derek Wright, Assistant Director at Kleinworth Benson Private Bank, provides ECA readers with results and analysis from an exclusive independent survey conducted during the past year. The survey involved questioning hundreds of individuals who acted as affairs managers for a relative or friend in residential or nursing care.

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