It is a well-established principle of law that all non-charitable English trusts must have a beneficiary to enforce the trust and hold the trustee to his obligations. This concept is referred to as the beneficiary principle. A trust that does not have defined beneficiaries and sets out to benefit a specific purpose will be void,…
Continuous Professional Development (CPD for short) is one of the Society’s 3 mandatory requirements. We expect that each year members complete a minimum of 16 structured hours, and 8 unstructured hours, totalling 24 for the year. Structured CPD is something that can be proved, usually by way of a certificate by attending a course for…
The death of a loved can be a difficult time for those left behind, and it’s at this time that the grieving family will often be expected to arrange a funeral. Unfortunately, it is often at this point that the family discover the cost of dying, with funerals being much more expensive than they may…
From the desk of the DG For the 6th consecutive year the January and February induction courses, SWWEPP Certificate Courses are oversubscribed, which is a great testament to the quality of members and potential members we are attracting. This is in addition to the Distance Learning Course we introduced in the early part of last…
We’re now well into the first month of 2019, the weather is getting colder, Christmas and New Year is but a distant memory and perhaps for some of us those New Year’s resolutions we made have faded too. This year however we implore you to make just one resolution and stick to it. In 2019,…
In the majority of cases where a beneficiary dies before a testator and there is no substitute beneficiary named then the gift is invalid and fails. This is the doctrine of lapse. Lapse can be avoided by naming substitute beneficiaries or by making gifts to classes of beneficiaries. The most notable exception to the doctrine…
Undue influence is the act of applying pressure on a person to coerce them, essentially overpowering the individual’s own will. In relation to wills this could be pressuring a person to include certain provisions in their will. This could be through outright threats to the testator, or by more subtle means. As Estate Planning Practitioners…
With family situations and taxation becoming ever more complex, the need to give correct advice is essential and not only to ensure your client’s peace of mind, but also for your own protection. With that said it’s likely that at some point in your career as an Estate Planner you’re going to get a question…
The High Court have ruled in the case of Whittaker v Hancock [2018] EWHC 3478 (Ch) that an attorney who was acting under a property and financial affairs LPA could step in to replace a donor who had lost capacity as a personal representative. John Parker (the deceased) had executed a will in 2003 appointing…
Every year on New Year’s Day, people across the country, announce their plans for the coming year. Many people create a New Year’s resolution – a pledge or change that they will be making over the coming days, weeks and months. Surveys and stats suggest that many people will have broken their New Year’s Resolution…
