Elderly Client Adviser archive

Elderly Client Adviser archive

Volume 14 Issue 5

Features

A welcome harmonisation? This article is for subscribers only
Eleni Pavlopoulos and Kay Lee Fordham provide an overview of the proposed changes to the rules on conflicts and confidentiality.

Gifts made in contemplation of death – the ‘DMC’ This article is for subscribers only
Do not be fooled by its old-fashioned appearance; the donation mortis causa is alive and well, and there are plenty of claims still based on it, says Peter Jeffreys

Clarifying the law of proprietary estoppel This article is for subscribers only
Mark Keenan and Claire Pinder provide a detailed examination of the House of Lords’ judgment in Thorner v Major [2009].

When time costs money This article is for subscribers only
Peter Steer and Fiona Campbell-White examine the redress available to a beneficiary of an estate if the value of his or her legacy reduces as a result of the executor of the estate’s delay.

The Public Guardian – Martin John This article is for subscribers only
A year into the role, Martin John reflects on the challenges and achievements of the past 12 months.

Cover story: EU, wills and succesion Free
Following the postponement of the expected draft regulation, Richard Frimston examines the state of play today.

Regulars

Case digest: Re Ritchie, Ritchie v Joslin [2009] EWHC 709 (Ch) This article is for subscribers only
The case of Re Ritchie concerned a challenge to the will of a testatrix on the ground of lack of capacity.

In search of beneficiaries.... This article is for subscribers only
One evening, as Samantha sat in front of the television with her mother just before Christmas in 1990, the popular programme ‘Challenge Anneka’ was on.

Coldrick's comments This article is for subscribers only
James Kessler QC is not known for pulling punches on matters he cares about. The new edition of my favourite textbook, Drafting trusts and will trusts – a modern approach (Sweet & Maxwell), is now available.

Editor's letter Free
Welcome to the July/August issue of Elderly Client Adviser. With the postponement of the expected draft regulation, this issue we look at the state of play today with regards to EU wills and succession. Martin John also provides the Public Guardian’s perspective on the Office of the Public Guardian and we clarify the law of proprietary estoppel with Thorner v Major [2009].
You can’t have missed the recent press coverage on the unfairness of postcode lotteries, the number of people forced to sell their possessions and their homes to fund care, and the elderly possibly facing taxes of up to £12,000 to pay for care under new government proposals.