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15 February 2007 / Paola Fudakowska , Abigail Palmer-page , Paul Hewitt
Issue: 7260 / Categories: Features , Wills & Probate
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Wills and probate

VALID TESTAMENTARY GIFTS >>
ESTATE ADMINISTRATION COSTS >>
BOUNTY HUNTERS >>

FROM HMRC

Practitioners should be aware that as Capital Taxes no longer exists as an entity, in future it will be known as HM Revenue & Customs Inheritance Tax and, over time, all references to Capital Taxes, CT and CTO will be removed from letters, forms and guidance.

CONSTRUCTION
Gibbs v Harding [2007] EWHC 3 (Ch), [2007] All ER (D) 28 (Jan)

Sister Joseph Harding made a will dated 25 March 2003 which included the following provision:

‘I…wish to revoke my last will and testimony made previous to todays (sic) date…If I should die in the meantime before making another will it is my wish that everything I possess be taken over by the Diocese of Westminster to hold in trust for the Black community of Hackney, Haringey, Islington and Tower Hamlet (sic).’

The question was whether this paragraph created a valid testamentary gift.
On 4 November 2002 Sister Joseph had made a will which left the residue of

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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