Monthly Update on Wills Probate Trusts Tax and Elderly Client September 2020
Recorded on: 01/10/2020
Aim
These monthly webinars provide the busy practitioner with a round-up of new developments in wills, probate, trusts, tax and elderly client matters. This webinar will focus on developments during the month of August 2020.
Learning Outcomes – By taking part in these sessions practitioners should be able to:
- Keep up to date in their professional competence
- Add additional practical tips to their repertoire
- Take the opportunity to discuss developments
- Test their knowledge
Agenda
Wills
- Remotely witnessed wills officially declared valid in England and Wales - MOJ’s Guidance on Wills using video-conferencing in advance of SI
- Law Society Guidance on virtual execution and e-signatures during Covid-19
- Ambiguous Will leads to claims by 15 descendants - Wales v Dixon [2020] EWHC 1979 (Ch)
Probate
- MOJ consultation – Non-contentious probate: mandating online professional applications
- Proprietary estoppel – Archibald v Alexander [2020] EWHC 1621 (Ch)
- Undue influence – Constable v CPS [2020] EWHC 1760 (Admin)
- Estate disputes – lost will found – Wrangle v Brunt [2020] EWHC 1784 (Ch)
- Undue influence – McCarthy v McCarthy [2020] EW Misc 10 (CC)
- PRs ordered not to distribute estate in anticipation of potential compensation claims against sexual assaults – Re Studdert [2020] EWHC 1869 (Ch)
Trusts
- Practical issues relating to the updating of the Trust Register
- Fifth Money Laundering Directive and Trust Registration Service – Technical Consultation document – summary of responses and regulations to implement 5AMLD
- Interest paid by settlement not deductible from partnership’s profits – Shiner v HMRC [2020] UKFTT 295 (TC)
- EWHC gives first grant of extra trustee powers for ‘expediency’ reasons – Cotterell v Allendale [2020] EWHC 2234 (Ch)
- Notice given to one trustee counted as notice to all - Phoenix v Phoenix [2020] EWHC 1409
Tax
- Inheritance tax for emergency responders
- Finance Bill 2020-21 – New proposals for tackling promoters and enablers of tax avoidance schemes
- Tax after coronavirus. Treasury Committee Inquiry, 17 July 2020
- Building a trusted, modern tax administration system, HMRC Corporate Report, 21 July 2020
- HMRC to get access to taxpayers’ financial information without permission
Elderly Client
- Update to LPA process – new online service, new sharing service, updated guidance
- DOLs Review – Postponement of implementation of LPS (replacement for Dols)
- Best Interest – Advance Directives - Barnsley Hospitals NHS Foundation Trust v MSP [2020] EWCOP 26
- Capacity – Sexual Relations and understanding of consent - A Local Authority v JB [2020] EWCA Civ 735
- Mental Capacity – Deputyship - Cumbria CC v A [2020] EWCOP 38
Other
- HM Land Registry to accept electronic signatures
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