header-logo header-logo

10 June 2010 / Michael Tringham
Issue: 7421 / Categories: Features , Wills & Probate
printer mail-detail

Know your limitations

Michael Tringham stresses the importance of beating the clock

A case simmering since 1995 was decided last month when the Supreme Court applied the Limitations Act 1980, s 35 and related rules of court. But Roberts v Gill & Co and others [2010] UKSC 22, [2010] All ER (D) 180 (May) really began with probate issues involving two brothers and their grandmother’s west country farms.

Alice Roberts’ s will provided that if her grandson John paid all the inheritance tax due on her estate, he would receive Lower Hellingtown Farm and his brother Mark another property known as The Coppice. Otherwise both properties would fall into the residue to be divided equally between the two brothers and their aunt Jill. While IHT would be estimated at well over £100,000 including interest, the value of Lower Hellingtown meant it was in John’s interest to pay the tax bill.

John Roberts paid some IHT and in February 1996, seven months after his grandmother’s death, was granted letters of administration. In 1997 he instructed two firms of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll