Private Client
Solicitor who submitted false oath agrees to leave profession
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.
Personal insolvency verses matrimonial law
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.
Consumers willing to work with wills and probate solicitors online
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.
Solicitor ordered secretaries to retrospectively “witness” wills
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.
Solicitors oppose move to digital signatures for LPAs
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.
Lockdown triggers surge in searches for DIY wills
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.
Lost wills: What to do when the original will cannot be found
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.
Court: “No need for City lawyer” in professional executor tussle
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.
Funeral and burial disputes
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.
LSB “forced” accountants to withdraw from legal services regulation
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.