Donatio mortis causa meaning

Testamentary capacity Oliver v Oliver [2024] EWHC 2289 (Ch) – News Analysis: Will overturned for want of testamentary capacity and undue influence (Oliver v Oliver). This judgment is an uncommon instance of a successful attack on a professionally drafted Will for both incapacity and coercion, even where the court had a recording of the testator’s instructions and the GP had issued a supporting certificate. Despite those formalities, the court concluded the Will should be set aside on both grounds. Alexandra Rogers, managing associate at Foot Anstey LLP. Leonard v Leonard (by her litigation friend Sharon Thompsett) [2024] EWHC 321 (Ch) – News Analysis: High Court offers guidance on the test for testamentary capacity (Leonard v Leonard). The High Court examines and clarifies Banks v Goodfellow, and underscores the continuing importance of expert evidence in capacity disputes. It underscores how clinical and legal evaluations interact closely, effectively. George Vare, barrister at Serle Court Chambers. Wilkinson v Hicken [2023] EWHC 1983 (Ch) – News Analysis: Personality disorders...

In this issue: Probate Court of Protection UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&A Useful information Probate Donatio Mortis Causa in the digital age—valid death bed gifts of dematerialised assets including online bank accounts, share accounts and registered land (Rahman v Hassan) The court determined that the Deceased made effective donationes mortis causa (gifts made in contemplation of death) of registered freehold and leasehold property, online bank accounts and shares. Shortly before the death he anticipated, he passed to the claimant copies of a land certificate and land registration documents, bank cards, login credentials and pin readers with passwords, stating that everything belonged to him. Written by Oliver Hilton,...

In this issue: Budgets and Finance Bills Probate Court of Protection Elderly and vulnerable clients Spouses, civil partners and cohabitants UK taxes for Private Client Tax avoidance, evasion and non-compliance HMRC Manuals updates Insolvency—Private Client Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Budgets and Finance Bills Autumn Budget 2024 Rachel Reeves, the Chancellor of the Exchequer, will present the Autumn Budget on Wednesday 30 October 2024. As is our practice, we will produce overnight analysis of the principal business tax announcements from the Autumn Budget, which will be available on the morning of Thursday 31 October 2024. Probate Court of Appeal to hear appeal in Rahman v Hassan The...

FORTHCOMING CHANGE relating to IHT on pension death benefits : At the Autumn Budget 2024 on 30 October 2024, the government stated that, from 6 April 2027, unused pension funds and pension death benefits will be brought into an individual’s estate for IHT. The change will affect both defined contribution and defined benefit schemes, and will apply to UK registered schemes as well as qualifying non-UK pension schemes. A technical consultation on implementing these reforms ran from 30 October 2024 to 22 January 2025, and the measures are introduced by the Finance Act 2026. For further information, see News Analysis: Unused pension funds and death benefits to be brought within the scope of inheritance tax and Autumn Budget 2024—Private Client analysis — Inheritance tax. On death, a person will typically own assets forming part of their estate, for example: land investments cash furniture electronic devices Whether a grant of representation is needed depends on the nature and location...

Definition and purpose of a Will In broad terms, a Will is a document executed in line with the formal requirements set out in section 9 of the Wills Act 1837 (WA 1837). It records statements by the person making it about how their property should be distributed after death. Wills are distinct from codicils, which typically add to, vary, revive or revoke an earlier Will, and an individual may hold more than one Will (eg where they are disposing of property in different countries). If someone dies without a valid Will, the intestacy rules will apply. A Will is commonly used to: revoke or alter any previous Will or other testamentary disposition appoint executors (or executors and trustees) appoint guardians for the testator’s minor children confer additional powers on trustees ensure the testator’s property passes to beneficiaries of their choosing Note that a prospective testator cannot delegate to another person the decision about how their property is...

FORTHCOMING CHANGE : In the Autumn Budget 2024 on 30 October 2024, the government revealed plans to include unspent pension pots and pension death benefits within an individual’s estate for IHT from 6 April 2027. This measure will cover both defined contribution and defined benefit arrangements, and will extend to UK-registered schemes as well as qualifying non-UK pension schemes. These rules apply across the entire pensions landscape. A technical consultation on how to deliver these reforms ran between 30 October 2024 and 22 January 2025. The reforms are legislated by the Finance Act 2026 and alter how personal representatives must declare the value of pension death benefits from 6 April 2027. For further details, see: Autumn Budget 2024—Private Client analysis — Inheritance tax. Effect of the grant A grant of probate, or a grant of letters of administration (sometimes with Will annexed), are the most frequently used forms of grant of representation in a deceased person’s estate. A grant of representation is a court order. Its function...