Private Client

A former partner at a Yorkshire law firm who submitted a false statement to the probate court as part of the oath for executors has agreed to leave the profession.

It is fair to say that there has, for many years, been a “difference of opinion” between the law governing personal insolvency and matrimonial law with each “side” believing that they are right and should take precedence. The principal, sometimes conflicting, legislation is covered in the Insolvency Act 1986 and the Matrimonial Causes Act 1973. However, the differing courts can and will give wide discretion when determining whether and how a married couple’s assets are to be divided.

More than a third of consumers believe that video witnessing of wills is “a good alternative” to being there in person, according to a major study, while a majority are happy to have an online consultation.

The managing director of a law firm who ordered legal secretaries and a trainee solicitor to retrospectively “witness” wills which had already been signed by clients has been struck off.

The vast majority of solicitors want to retain the rule that donors must physically sign lasting powers of attorney (LPAs) rather than move to electronic signatures, a survey has found.

Google searches for DIY wills surged by more than 15 times in the week leading up to the second national lockdown, while probate specialists have blamed institutions for delays in the process.

Personal representatives tasked with dealing with a deceased person’s affairs are often faced with a number of challenges, both legal and practical. Sometimes these challenges can be complex and involve dealing with contested wills.

There was no need for a more expensive City lawyer to be appointed a professional executor in preference to one from the Home Counties in a straightforward probate, the High Court has ruled.

It’s not uncommon for disagreements to arise between family members and loved ones over funeral arrangements, burial disputes or possession of ashes. So, who has the ultimate say and what can you do? Richard Adams, senior associate in the Contested Wills, Trusts and Estates team at Hugh James who has advised clients in a number of such cases, considers this delicate and sensitive issue.

It was “fundamentally wrong” for Legal Services Board rules to force the Association of Chartered Certified Accountants to withdraw from legal services, another accountancy body has argued.

A request for a Larke v Nugus statement is often considered a preliminary step when there is an intention to contest a will. But what happened in that case and what effect does it have on cases which involve probate disputes in the modern day?

The “time has come” for solicitors and other professional users to apply for the vast majority of grants of probate online – but not yet letters of administration – the government said yesterday.

A senior private client lawyer has launched a strategic consultancy to advise wealthy individuals and families from around the world on succession, risk, governance and dispute resolution.

A will-writing business was entitled to fire a member of staff who accidentally left a message on a potential client’s voicemail about getting drunk and littered with swear words, a tribunal has ruled.

The founder of will-writing software firm WillSuite has obtained what he believes is the first ever digital lasting power of attorney. He said the process took five months.