The High Court has held in Rawstron and Anor v Freud [2014] EWHC 2577 (Ch) that a gift in the last will of the artist Lucian Freud took effect as an absolute gift to two named individuals in their personal capacities absolutely and was not given to them on trust under the will. However, the court heard…
The long awaited Inheritance and Trustees’ Powers Act 2014 (ITPA) received Her Majesty’s Royal Assent on 14th May 2014 and will make important changes to: the intestacy rules, the Inheritance (Provision for Family and Dependants) Act 1975; and sections 31 and 32 of the Trustee Act 1925 A commencement date has not yet been announced…
The case of Petterson v Ross [2013] EWHC 2724 (Ch) is a recent and useful summary of the correct approach to be taken where there are insufficient assets in an estate to pay specific legacies. The case is useful for will drafters and contentious probate practitioners alike. The case is a useful refresher of the…
On 22 October 2013, during the Lords’ second reading of the Inheritance and Trustees’ Powers Bill [HL] 2013-14, Lord McNally announced that he intended to table a government backed amendment to the Bill removing a provision allowing individuals who are habitually resident in England and Wales to bring a claim under the Inheritance (Provision for…
The Court of Appeal has rejected, for the final time, the executors of Nicolette Pawson application for leave to appeal the Upper Tribunal‘s decision in HMRC v Pawson (deceased) [2013] UKUT 050 (TCC) that a let holiday cottage was held mainly as an investment and so did not qualify for business property relief (BPR) for…
A recent decision of Mark Herbert QC, sitting as a deputy High Court judge of the Chancery Division, dismissed a daughter’s claim to overturn her father’s will. The decision affirms the leading decision of Wharton v Bancroft [2011] EWHC 3250 (Ch) in cases based upon want of knowledge and approval. The decision, reported as Re…
The Marriage (Same Sex Couples) Act 2013 (MSSCA) received Royal Assent on 17 July 2013. Despite the furore accompanying its passage through Parliament, MSSCA comprises a modest 21 sections and 7 schedules. Only sections 15, 16 and 21 came into force on 17th July 2013. Sections 15 and 16 do little to bring about same…
Following consultation in 2009 and 2011, the Law Commission published a report entitled “Inheritance and Family Provision Claims on Death” in December 2011. This set out recommendations for reform of the law and included the draft Inheritance and Trustees’ Powers Bill. The proposals contained in the Bill will be of significance for all residuary beneficiaries…
The Inheritance and Trustees’ Powers Bill due to receive it’s second reading in the House of Lords on 22nd October 2013. The Bill follows a Law Commission consultation and report and amends various provisions of the law about the distribution of estates of deceased persons and the law relating to the powers of trustees. The…
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