Disputed Wills, Trusts and Estates Bulletin - March 2017

Wednesday, 15th March 2017

Trustees - requests for trust documents - costs

In the case of Blades v Isaac & Alexander (2016) the High Court had to consider whether the trustees should personally pay the beneficiary's costs in relation to her claim against them for disclosure of trust information.

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Issuing Inheritance Act claims out of time

Where someone has died and they have failed to make adequate financial provision for certain relatives or dependants, the court has discretion to vary the distribution of the deceased's estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.

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Dangers of applying for a grant

In the recent case of Morris v Browne & another [2017] the court revoked a Grant of Letters of Administration and made an order for costs on the indemnity basis against the purported administrators.

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Trustees' liability for costs - Beddoe Applications (what they are and when to use them)

Trustees risk facing costs orders in court proceedings in just the same way as any other party would.

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Probate fees hike

The ministry of Justice has confirmed that it will go ahead with plans to substantially increase probate fees from may this year (the exact date is still to be confirmed).

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Change in Inheritance Tax rules

Back in 2010 the government expressed its intention to increase the inheritance tax threshold to £1million. However, to date the nil rate band has remained frozen. After the last election the government instead decided to introduce a "main residence nil rate band".

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