Private Client Update - July 2011

  
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Private Client Update
JULY 2011
In this issue:
Discretionary Trusts - Possible Ways Forward
Will Validity Doesn't Depend on Speaking the Language
Attorney Faces Prison for Theft
Daughter Wins Share of £480,000 Inheritance Left to Charity
Family Pay Price for Executor Appointment
Law Society Campaign for Formal Qualifications for Will Writers

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Editor

Welcome to the summer issue of the dolegal Private Client Update, keeping you informed courtesy of a quarterly round-up of news from the world of law.

For advice on any issue, please contact us. Have a great summer and we'll be in touch again in the autumn.

Susan Glenholme
Partner

 

Clients who have discretionary trusts in place are reminded that the advent of higher rates of tax since April 2010 may warrant a review of the trust structure.

 

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A recent case shows that the creation of a valid will in English does not depend on the person creating it being able to speak the language.

 

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A man who was appointed under a power of attorney to look after a woman’s affairs, when she could no longer manage to do so herself, has been sentenced to 15 months in prison after he abused his position of trust to steal more than £100,000 from her.

 

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A woman whose mother left an entire estate to charity has won her appeal for a substantial payment from the estate, sufficient to meet her need for reasonable maintenance.

 

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Will WritingWhen appointing an executor, it is vital that you make sure you choose someone who is trustworthy. Where co-executors are appointed, it is important that they will all oversee the estate administration. The wisdom of an assiduous approach when deciding who to appoint is illustrated by a recent criminal case in which an executor, who had a previous conviction for fraud, was convicted of the theft of thousands of pounds from the estate of his late uncle.

 

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WillCreating a will is an extremely important task, which is why the Law Society is calling on the Government to introduce a formal qualification for will writers. Unqualified will writers notoriously cause huge problems for testators and their beneficiaries, which is why using a qualified solicitor to draft this highly important document is crucial. Solicitors are professionally qualified, trained across a range of disciplines such as tax mitigation and trust drafting, and protected by high level liability insurance. The full story is on our website. Talk to us about drafting a will, or updating yours if you haven’t reviewed it recently. Things change, and so should your will.

 

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