In simple terms a pilot trust is one that is set up during the lifetime of the testator ready to receive property on their death by a specific legacy in the Will. Also know as 'feeder' trusts they are... Read more
A seven month inquiry into a probate firm is drawing to a close with shocking results and discoveries. Solicitors Probate Services Ltd first came to the attention of the authorities last year and in J... Read more
Looking at case law is the easiest way to assess how courts will deal with matters of contention with Wills. The recent case of Shah v Joshi considered some of the most common causes for claims.... Read more
Last week saw the start of the new tax year and the planned increase in the nil rate band from £312,000 to £325,000. ... Read more
A farmer who claimed that he should inherit the farm from a deceased relative who died intestate has won his claim in the House of Lords relying on proprietary estoppel. After three Court hearings and... Read more
A £30,000 inheritance tax bill has been avoided by probate specialists by transferring the nil rate band of what is thought to be the earliest 'first death' for inheritance tax purposes. The wid... Read more
Thanks to section 47 ( 1 ) (i) of the Administration of Estates Act 1925 it has been held that a grandchild can not inherit from his/her grandparents estate if they have deceased at the hands of the g... Read more
Claims under the Inheritance (Provisions for Family and Dependents) Act 1975 can be made by certain categories of person. One thing that a claimant must show is that they were financially dependent on... Read more
If a Will is written by a person as a result of force, fear or fraud it will not be classed as the act of the testator and will not be accepted by probate. When a person dies it is common for an aggri... Read more
To qualify as an immediate post death interest a number of conditions must be satisfied. If they are, then the treatment of the interest can avoid certain charges that other trusts are subject to. To ... Read more