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

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll