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Wills & Trusts Archive - Page 7

Found 70 matches. Showing page 7 of 7.

The test for mental capacity when making gifts

"Crazy people are considered mad by the rest of society only because their intelligence isn’t understood" -Weihui Zhou, Shanghai Baby. Society’s definition of 'madness' can differ from the legal definition. This has been shown once again by two recent cases. Kicks and another v Leigh EWHC 3926 (Ch) and Walker v... Read More

Law Society withdraws Sharia law wills guidance

Vardags director Christopher Hall has reported on the introduction of the Law Society’s new practice note for solicitors, which offered guidance on how to advise on the drawing up of wills in accordance with Sharia law. Following some very vociferous opposition, the practice note has now been withdrawn. The Law Society president, Andrew Caplen,... Read More

What is a trust? Three certainties to ensure validity

It is said that the only certainties in life are death and taxes, but for legal purposes the language of trusts is also subject to the security of certainty. Indeed, there are three such certainties. Trusts can be contentious, and in order for them to be upheld, there are three certainties required to ensure validity. Certainty of... Read More

An introduction to The Inheritance and Trustee Powers Act 2014

The Inheritance and Trustee Powers Act 2014, which comes into force on 1st October, makes substantial changes to the law of intestacy, the Inheritance (Provision for Family and Dependants) Act 1975, and trustees’ powers. What are the intestacy rules? When a person dies intestate, that is without leaving a valid will disposing of the whole of his... Read More

Law Society publishes practice note on Sharia law wills

The Law Society has provided guidance on Sharia law to assist Muslim clients with assets in England and Wales. It is possible to write an Islamic will and comply with the existing English law dating back to 1837. Acting on the principle that it is better to welcome clients from diverse backgrounds, and to act in the best interest of clients, it... Read More

Make sure you sign your own will: the cautionary tale of Marley v Rawlings

The case of Marley v Rawlings, decided by the Supreme Court last month, reminds us that signing the right will is important. At the end of a stressful deal, when you are faced with a pile of contracts to sign, it is important to make sure you sign the right documents. A will is no different to a contract, in that it is supposed to bind your... Read More

Estate planning: How can I keep my pets safe after my death?

If you have beloved pets it is hard enough to keep them safe and well while you are alive, but what happens after you are dead? You cannot simply leave your home to your cats to live in for as long they live. Unfortunately the law does not recognise pets as having their own legal personality, so you must find a trustworthy Edgar (for those of us... Read More

Leaving your estate in trust to avoid family feuds

Inheritance issues are in the headlines following the reading of Nelson Mandela’s will. They highlight problems that are becoming increasingly common with the rising number of blended families following remarriage. Commentators have pointed to Mandela's decision to exclude his second wife Winnie from the will, and the restrictions he placed on... Read More

What will happen to my shares if I die intestate?

If you have not made a will before your death, the intestacy rules dictate who inherits any shares that you own. This means that your company shares could be controlled by a trust, or go to a relative whom you had no intention should inherit the shares. If you leave your company shares to minor children, then they will have to be sold,... Read More

Trusts (Capital and Income) Act 2013

In a final break with the lugubrious era of Charles Dickens, the Trusts (Capital and Income) Act 2013 came into force on 1st October. Before this new law, trustees were restricted in how they invested and accounted for certain assets, with the noble intention of protecting the beneficiaries’ rights. The idea was that any income earned had to be... Read More
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