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Legal Updates

30 May 2014

Disputed Will case - Estranged daughter fails to overturn father’s Will on multiple counts

In one recent case a daughter who had fallen very far out of her father’s favour tried almost every trick in the book to have his Will declared invalid (Bateman v Overy and another ([2014] EWHC 432)).

6 May 2014

Update on cases from the Court of Protection – on gifts, loans and funding for care

Below is a summary on recent cases in the Court of Protection. If you should have any questions in relation to any of the issues raised, please contact a member of our team.

Simon Hardy

6 May 2014

Recent disputed Will cases on the grounds of lacking capacity

A Will made by someone who lacks mental capacity is not valid.  Just because someone is elderly or suffering from a mental illness does not automatically mean that they lack capacity to make a Will.

25 April 2014

Capital Gains Tax case - Painting worth £9.4 million is exempt from CGT because it is a ‘wasting asset’

The Court of Appeal has published its eagerly anticipated (by tax geeks at least) judgment in the case of HMRC v The Executors of Lord Howard of Henderskelfe (deceased) ([2014] EWCA Civ 278).

10 April 2014

The Mental Capacity Act – reflections and recommendations 7 years on

The Mental Capacity Act (2005) (MCA) came into force in 2007. It is a forward thinking piece of legislation that looked to empower as far as possible people who lack mental capacity. On 13 March 2014, the House of Lords Committee published a report detailing its post-legislative scrutiny of the MCA and recommendations. 

Sameena Munir

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