Private Client Update June 2020

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 focuses on developments during June 2020.

Learning Outcomes:

By taking part in these webinars, 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

• Legal Service Reform – final Independent Review of Legal Services Regulation by Stephen Mayson and what it may mean for Wills
• Delusions – Clitheroe v Bond [2020] EWHC 1185

Probate

• Probate Registry update – Probate – Frequently Asked Questions and Answers; imperative legal representative details are completed if ‘Yes’ box is ticked in box 1.2
• Problems with Banks
• Disclosure by third party to litigation – Gardiner v Tabet [2020] EWHC 1471
• Forfeiture rule – Challen v Challen [2020] EWHC 1330
• Inability to live in or sell father’s caravan – Barr v Exors Colin Hearne [2020] UKUT 114

Trusts

• TRS guidance updated
• Beneficiary gets second chance to challenge trustee for breach of trust – Sofer v Swissindependent Trustees [2020] EWCA 699
• Declaration of trust valid despite execution errors – Bowack v Saxton [2020] EWHC 1049

Tax

• Law Society comments on DAC6
• IHT 400 can be submitted via Dropbox
• Progress of Finance Bill 2019-21

Elderly and Vulnerable

• HMCTS – encourages all professional CoP users to use payment on account
• Duty to investigate deaths of people living under DoLs – R(Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA 738
• Are the decisions on capacity to decide residence in conflict with capacity to agree to care requirements? – London Borough of Tower Hamlets v A & KF [2020] EWCOP 21