Category: Wills, Tax & Trusts
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In the Spotlight: Re PW and Its Implications for Deputies
The legal framework governing the management of affairs for individuals lacking capacity has evolved substantially, guided by pivotal judgments from the Court of Protection (COP). Landmark cases including Re MWS, ACC v Others, and the subsequent Re PW have showcased the intricate scrutiny and elevated standards expected of professional deputies and trustees. Read on to…
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From Cowboys to Consumer Protection: The Rising Debate on Regulating Unregulated Legal Services
The legal services landscape has seen a surge in the provision of unregulated legal services, raising concerns about consumer protection and access to justice. The Solicitors Regulation Authority (SRA) commissioned a comprehensive report, conducted by Frontier Economics, to delve into the size, characteristics, and consumer experiences within the unregulated sector. In this article, we navigate…
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Revisiting Testamentary Capacity: The Baker v Hewston (2023) Cross-Check Approach
Testamentary capacity, the mental ability a person needs to make or alter a will, is a pivotal concept in private client law. Given that questions around this area form one of the most common reasons for will challenges, it’s crucial for practitioners to stay up-to-date with the relevant legal framework. The recent case of Baker…
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Executor or Administrator in the UK? Here’s Your Survival Guide
Hey there, intrepid executor or administrator! Before you start managing a deceased person’s estate, you usually need a legal authority, either a ‘Grant of Probate’ or ‘Letters of Administration’. A Grant of Probate is issued when there’s a will, and Letters of Administration come into play when there’s no will. However, if you’re dealing with…
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Bridging the Access-to-Justice Gap: How Subscription-Based Legal Services Emerge Amid Legal Aid Cuts
As legal aid cuts continue to challenge access to justice for many, the rise of subscription-based legal service models offers a promising alternative. However, are they truly the answer to the legal aid crisis? My latest article delves into the potential of these innovative models, while highlighting the need for a more comprehensive approach to…
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The Price of Inheritance: Challenging Overblown Solicitor Fees in a Landmark Estate Case
In the Kenig v Thomson Snell & Passmore case, Cunnick passed away in July 2019, leaving a £2.9 million estate. Her will divided the estate equally between her children, Laura Peggs and Daniel Kenig. Her brother, Saul Biber, was appointed as executor and hired solicitors Thomson Snell & Passmore to administer the estate. Despite initially…
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Professional Executors Costs Appeal Decision: Time To Review Your Charging Clauses
A recent appeals decision has been handed down by Justice Cavanagh in the case of Shepherd & Co Solicitors v Brealey [2022] EWHC 3229. The appeal was dismissed and reinforced the need for comprehensive and regularly reviewed terms of business, fee schedules and charging clauses where relevant. This decision should be considered by professional executors…
Jessica Jarvis 