Estate planning: When severance goes wrong

It is worth paying attention to the formalities. James Poole reports on a case where failure to properly sever a joint tenancy had a profound effect on estate planning and distribution The main question was whether the joint tenancy had indeed been severed, by either the notice, the application or the letter. If so, then …
This post is only available to members.

FL v MJL [2019] WTLR 1171

Wills & Trusts Law Reports | Winter 2019 #177

The Applicant, who was the sole deputy for property and affairs of his brother MJL, made an application for

(i) ratification of small gifts previously made on behalf of MJL and

(ii) authority to make prospective substantial gifts on behalf of MJL.

Both he and three siblings each provided witness statements in support. MJL, who was in his sixties, was unmarried and had no children. He had suffered a cardiac arrest ten years previously and was in a persistent vegetative state. His estate was in excess of £17m (the larger proportion of which was comprised in an investme...

Estate planning: Timing is everything

John Davies and Danielle Lewis-James review an ombudsman decision on whether a gift amounted to the deprivation of capital to avoid care home fees ‘When undertaking estate planning or transfers of property and money for elderly clients, the reasons behind any transfer (such as a pattern of gifting or a long-standing intention) should be noted …
This post is only available to members.

Estate planning: The importance of autonomy

James Ferguson, Katie Male and Mark Lindley discuss a recent case that demonstrates the growing role of pre-nuptial contracts in estate planning ‘As a general rule the provision for the spouse in the will should be at least as generous as in the pre-nuptial agreement (PNA), if not more so, to minimise exposure to a …
This post is only available to members.

Badenach & anr v Calvert [2017] WTLR 873

Wills & Trusts Law Reports | Autumn 2017 #169

The first appellant was a legal practitioner and a partner of the second appellant, a law firm. The solicitor received instructions from Jeffrey Doddridge (who was 77 years old at the time) to prepare his will, by which the entirety of his estate was to pass to the respondent, Roger Calvert, whom Mr Doddridge treated as his son. Mr Doddridge made no provision for his daughter by his first marriage. She brought a claim under the Testator’s Family Maintenance Act 1912 (Tas) (the TFM Act), and was successful in obtaining a court order that provision be made out of the clients estate. The co...

Legg v Burton [2017] WTLR 1017

Wills & Trusts Law Reports | Autumn 2017 #169

The testatrix had two daughters, the first and second claimants. In July 2000, the testatrix and her husband made wills in favour of the survivor, and subject to that, in favour of the claimants in equal shares.

The husband died in May 2001. Between 2001 and 2004, the testatrix made 13 further wills. These progressively favoured the defendants (who were two of the grandsons of the testatrix and the partner of one of them), at the expense of the claimants. The last of these wills was made on 12 December 2014, when she made a further will under which the claimants took a legacy of £...

Estate Planning: A penny saved

John Bunker examines ISAs, in particular whether they are transferable to spouses and what this means for estate planning ‘Lawyers need to be clear who their client is, and the duty owed to that client; and to take care if any potential conflict arises for example; between a surviving spouse and the executors or trustees …
This post is only available to members.

Estate Planning: Benefits and pitfalls

Robert Keylock provides an update on the usefulness of discounted gift plans after Watkins v HMRC [2012] The main potential inheritance tax benefit of DGPs is the immediate inheritance tax discount where the donor’s life expectancy is such that the annual payments have some value.When the tax on pre-owned assets came into force in April …
This post is only available to members.

Estate Planning: Accruing complexity

Helen Ratcliffe looks at Drake v Harvey, which highlights the difficulties of estate planning for partnership shares ‘Following Cruikshank v Sutherland [1922], where a partnership deed is silent as to the basis of valuation for the purposes of an account, the appropriate value is one that is fair.’Partnerships are one of the frequently chosen vehicles …
This post is only available to members.