Thought Leaders 4 | Private Client

Digital Assets After Death

A modern stumbling block for those administering a will are the digital assets the person may own and how they are dealt with after death and their inclusion, or lack of, within a conventional will. Here we explore in more detail as to how this area is evolving to adapt to this new type of modern day asset.

What Am I Entitled To Following Cohabitation? A Comparison of the Law Either Side of the Border

Across the UK the composition of families is changing. No longer is marriage the norm; instead, more and more couples are deciding to live together as cohabitants without formalised relationship statuses.

Capacity and Calamity: What Happens When A Trustee or Protector Loses Capacity?

A trustee or protector losing capacity inevitably creates uncertainty for the trust structure. It can force the administration of the trust to be put on hold or even temporarily lead to a complete halt in decision-making for the trust.

However, with the right foresight, settlors and trustees can put measures into place to address capacity issues before they arise.

What the abolition of the non-dom regime means for non-UK resident trusts and those who use them?

Yesterday’s budget contained a number of bombshells for non-domiciled individuals and trusts which they have established. We will shortly be publishing an article explaining the new regime in more detail but this post focuses specifically on the implications for non-UK resident trusts and those who establish and benefit from them.

The Budget 2024: The new regime for non-doms and their structures

Wednesday's budget contained some momentous announcements for non-doms. This article explains the changes being made for individuals, the transitional rules that have been announced, what this means for trusts and what those affected might do in response.

Undoing Mutual Wills Agreements: Can Equity Speak With Two Voices?

Mutual Wills come in and out of fashion, more commonly used in blended families to protect an estate for the children as agreed at a point in time, sensitive to the fact that neither testator may want a subsequent spouse (or their children) to benefit from a joint estate built up during a relationship. Once the first testator has died, the second is prohibited in equity from changing the dispositions in that mutual will, so that any subsequent executor will hold the estate on trust for the gifts made in the mutual will. Put plainly, after the first testator has died, the practical effect is that the gifts in the mutual will take effect regardless of any subsequent will.

All To My Sons: Is There Room For Male Inheritance in the Modern World?

A will is assumed by most to be sacrosanct – the deceased’s last wishes which must be upheld whether or not that is detrimental to those who might otherwise have received an interest. There are plenty of views on inheritance, which to some may seem outdated or plain unfair. They may have their basis in cultural, societal or religious beliefs and norms. The most obvious example is that of assets passing down the male line, regardless of surviving female spouses and children. That may be because the assumption is that the sons will ‘look after’ their mother and/or sisters, but where there is any familial discord or ill will, this cannot always be relied upon.

Part 36 and Its Application To Probate Claims: Clarification Provided

“Although Part 36 primarily functions in money claims it is capable of operating in other claims and it would be wrong to give its terms a narrow reading that limit its effect when the CPR encourages parties to use its provisions to resolve claims. In that sense probate claims are no different to other litigation before the courts. There is however a difference in the steps that must be taken upon terms having been agreed.” – Master Marsh, September 2023

The Surge In Contentious Probate Cases and the Current Legal Landscape

The number of inheritance disputes in England and Wales has risen dramatically in recent years, with a recent report from The Guardian (February 2024) citing that as many as 10,000 people were disputing wills annually. The Ministry of Justice has reported 140% increase in court cases in this area in the past decade with 195 cases heard in 2021-22 alone.

Knowledge Hub

Digital Assets After Death

What Am I Entitled To Following Cohabitation? A Comparison of the Law Either Side of the Border

Capacity and Calamity: What Happens When A Trustee or Protector Loses Capacity?

What the abolition of the non-dom regime means for non-UK resident trusts and those who use them?

The Budget 2024: The new regime for non-doms and their structures

Undoing Mutual Wills Agreements: Can Equity Speak With Two Voices?

All To My Sons: Is There Room For Male Inheritance in the Modern World?

Part 36 and Its Application To Probate Claims: Clarification Provided

The Surge In Contentious Probate Cases and the Current Legal Landscape

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