Trending on the forum in March 2020

HM Court and Tribunal Probate Settling Service

Forum members were directed to the Law Society update in relation to changes to the settling service
https://www.lawsociety.org.uk/news/stories/update-on-probate-service-and-bilingual-grants/

Power Reserved triggering provision for substitute executors

An interesting thread opened up on this topic at the end of February following the experience of a forum member dealing with the Probate Registry.

Procedure

Members commented that there does not yet seem to be clarity as to the procedure to be followed when applying online in regards to sending duplicate copies of the Will, requesting official copies of the Will and wet signatures on the Statement of Truth.

Tax

IHT and CGT; the interaction on excepted estates

This remained a key topic on the forum in February. Claire Ritchie directed members to the Trust and Estates newsletter of December 2016
https://www.gov.uk/government/publications/hm-revenue-and-customs-trusts-and-estates-newsletters/hmrc-trusts-estates-newsletter-december-2016

Drafting and definitions

Trustee retirement and mental capacity

An interesting thread appeared on the forum in relation to clauses in Wills making provision for automatic retirement of trustees on loss of mental capacity. This followed from Lesley King seminars advising that practitioners should consider whether such provision be included.

Step-children

The definition of "step-children" has become of further importance to the private client practitioner since the introduction of the RNRB. Members considered whether a step-child ceases (for these purposes) to be a step-child on the death or divorce of a step-parent.

Administration of estates

Executors; Joint or joint and several

This topic continued to be discussed after the thread opened in January.

Burial on private land

Peter Hughes generously provided forum members into correspondence in relation to his dealings with such burials (28 February)

Powers of Attorney

Gifts by Attorneys

Many members contributed to a debate early in the month regarding attorneys making gifts of behalf of donors who retained capacity.

(Author: Ruth Pyatt)