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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What are the new law governing succession in england

Customer Question

What are the new law governing succession in england
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain a little more about what you need to know

Customer: replied 9 months ago.
What are the sources of wills laws of England and Wales
Expert:  Clare replied 9 months ago.

There are various Acts of Parliament involved - it would help if I knew which part of the law you wish to know about?

Customer: replied 9 months ago.
Law on testamentary capacity
Customer: replied 9 months ago.
Hi Clare I have been waiting patiently for your response
Expert:  Clare replied 9 months ago.

My apologies for the delay

The test for Testamentary Capacity was in fact set out in a Court case in a court case in the 1800"s

It was the case of Banks v Goodfellow (1870), which sets out that a testator has capacity if

(1) he understands the nature of making a Will and its effects;

(2) he understands the extent of the property of which he is disposing; and

(3) he is able to comprehend and appreciate the claims to which he ought to give effect and is not affected by any disorder of the mind that influences his will in disposing of his property.

Please ask if you need further details

Customer: replied 9 months ago.
Please I need a concise explanation on the topic because I have to deliver a paper on the topic I need current cases and statute
Expert:  Clare replied 9 months ago.

So this is actually a homework question and you do not wish to do the small amount of research involved?

Customer: replied 9 months ago.
No dear I need newly enacted laws and cases to back up my argument if I needed banks and good fellow I would have contacted my text book I am not satisfied with your answers it doesn't show your level of proffessionalism
Expert:  Clare replied 9 months ago.

Is this for an ongoing case - if so what is the actual issue that you are arguing.

There has been no change in the basic law regarding Testamentary capacity despite the perceived possible impact of the Mental Capacity Act 2012

Customer: replied 9 months ago.
What are the law governing limitation to testamentary freedom and has the law been amended
Expert:  Clare replied 9 months ago.

What exactly do you mean in this regard - bearing in mind you are asking about England and Wales?

Customer: replied 9 months ago.
I mean restriction to testamentary freedom
Expert:  Clare replied 9 months ago.

There is none in England and Wales - unless you are referring to the Inheritance (provision for Family and Dependants) Act?

Customer: replied 9 months ago.
Is the inheritance ( provision for family and dependent) act been amended
Expert:  Clare replied 9 months ago.

Not via legislation but case law has of course enabled it to evolve

Customer: replied 9 months ago.
What are the case laws
Expert:  Clare replied 9 months ago.

What is the exact nature of the issue in your case and I will try and find something relevant

Customer: replied 9 months ago.
Limitations to testamentary freedom in England
Customer: replied 8 months ago.
Dear Clare I am yet to get your professional service please I am not yet satisfied with your service
Expert:  Clare replied 8 months ago.

The only limitation of Testamentary Freedom in England relates to the proper provision for dependants

This has been explored in a number of cases involving unmarried partners; unprovided for children and promises made during the lifeo f the Testator

I need to know the circumstances of your case in order to find the relevant case law.

Customer: replied 8 months ago.
The nature of my case is a testator died leaving his wife and children without an inheritance and he bequeathed all His estate to his mistress what will the testators dependant do in this circumstance please i need statute and cases to back up my arguement
Expert:  Clare replied 8 months ago.

Thank you that was what I needed to know.

How old are the children and how much is the Estate worth?

Expert:  Clare replied 8 months ago.

I note that you are not happy with my service

I need the extra details in order to ensure that I find the correct references for you.

They will be different if the children are over 18.

In addition the value of the estate will play a large part in the outcome

However if in fact this is not a real life case then say so - and i will give you a list of general cases to look at

Customer: replied 8 months ago.
It's not a real life case I am on a research I need general cases and statute I won't make a good researcher when I have limited knowledg
Expert:  Clare replied 8 months ago.

Right - we can work with that!

IN England and Wales we do have Testamentary Freedom - unlike the Scots for example

However the Inheritance (Provision for Family and Dependants ) Act 1975 means that the Court can alter the provisions of a Will to ensure that proper provision is made for

anyone who was reliant on the deceased in any way

The basics are set out here

http://www.ashfords.co.uk/inheritance-(provision-for-family-and-dependants)-act-1975/

This next article is about cases involving spouses

http://www.wilsonslaw.com/uploads/docs/Charlotte_Watts_transcript_claims_by_spouses.pdf

There are various cases quoted there which you can then follow through with and find other articles on them

This case

http://www.bailii.org/ew/cases/EWHC/Ch/2012/1056.html

is also relevant.

I hope that these help

Customer: replied 8 months ago.
Is it true that the inheritance provision for family and dependant act 1975 has been amended by the inheritance power of trustees act 2014, please how true is it
Expert:  Clare replied 8 months ago.

It has been amended - and the amendments are here

http://www.legislation.gov.uk/ukpga/2014/16/schedule/2/enacted

It clarifies rather than changes the provisions

Customer: replied 8 months ago.
Dear Clare thanks for your patients so far but I need to know the law that led to the enactment of the inheritance (provision for family and dependant) act 1938( I.e the law that gave a testator unbridled testamentary freedom)
Expert:  Clare replied 8 months ago.

Wills Act 1837

Customer: replied 8 months ago.
then what is the position of the mortem charity act
Expert:  Clare replied 8 months ago.

?

Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 8 months ago.
H
Customer: replied 8 months ago.
Hi
Customer: replied 8 months ago.
Hi Clare thanks for you proffessional services so far but I need to know whether there is a limit to your service
Expert:  Clare replied 8 months ago.

Whilst I do not usually help with "homework" questions in this case I am happy to complete our discussions - I was just not sure what you were referring to with the last one!

Customer: replied 8 months ago.
I also have other questions to ask
Expert:  Clare replied 8 months ago.

On this subject?

Customer: replied 8 months ago.
On company law
Expert:  Clare replied 8 months ago.

Sorry that is not my area

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