Wills: How big is my nil rate band?

The Woodland Trust v Loring [2014] demonstrates the importance of determining the testator’s exact intentions. Marilyn McKeever explains ‘As most practitioners do not possess a fully functioning crystal ball it would be prudent to discuss with a testator what their intentions are in general terms in order to understand the “purposes and values” intended to …
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Brooke & ors v Purton & ors [2014] EWHC 547 (Ch)

Wills & Trusts Law Reports | June 2014 #140

In 2009 Steven Huntley (the deceased) sought the advice of a solicitor in relation to wills and inheritance tax planning. At the date of his death, 11 March 2011, the deceased’s estate was valued at £6.9m, which was comprised of a 90% shareholding in an unquoted company (£5.4m), real estate, vintage cars and cash. The deceased’s estate was substantially similar in 2009.

The deceased had wanted to leave his estate equally between his partner, Louise, and his five children. He had expressed concerns to his solicitor about leaving substantial assets to his children outright and his s...

Loring v Woodland Trust [2013] EWHC 4400 (Ch)

Wills & Trusts Law Reports | May 2014 #139

The testatrix, T, died on 1 September 2011 leaving an estate with a net value of £680,805. Her will, dated 2 February 2001, included provision for a nil rate band legacy for her children and grandchildren under clause 5 which stated:

‘MY TRUSTEES shall set aside out of my residuary estate assets or cash of an aggregate value equal to such sum as is at the date of my death the amount of my unused nil rate band for inheritance tax and to hold the same for such of the following as shall survive me.’

The residue was left to the first defendant, the Woodland Trust ...

Marley v Rawlings & anr [2014] WTLR 299

Wills & Trusts Law Reports | March 2014 #137

Mr Alfred Rawlings and his wife Maureen Rawlings instructed a solicitor to draft their wills in mirror form. Each spouse intended to leave his or her entire estate to the survivor of them, but provided that, should the other have predeceased or survived them for less than a month, their estates should be left to the appellant, who was not related to them but whom they treated as their son. Mr and Mrs Rawlings’ solicitor attended them on 17 May 1999 to enable a due execution of draft wills containing these provisions. By an oversight, their solicitor gave each spouse the other’s draft wil...

Charities: Live to give?

Kerry Rogers assesses the current attitude towards legacies and discusses how legal professionals should handle charitable giving ‘Legal professionals should ensure, that when a client draws up a will that makes little or no provision for their children, or other potential claimants, the client is made aware of the risk of a claim against the …
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5 Stone Buildings: A quick catch up

Penelope Reed QC introduces an issue devoted to articles by the barristers of 5 Stone Buildings The members of 5 Stone Buildings are delighted to be back writing for this edition of the Trusts and Estates Law & Tax Journal. Last year proved to be a fertile source of articles with members of chambers involved …
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