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To start this issue we thought we’d take a
look back over the past year for a roundup of
developments and interesting news relating
to succession law, trusts, and will writing. made in contemplation of civil partnership. The
wider effect will of course be the IHT benefits of
civil partnership (identical to those of marriage)
now being open to more couples.
Heterosexual civil partnerships made legal
Last July the Supreme Court heard the case of
Steinfeld and Keidan, a heterosexual couple who
were deeply opposed to marriage and wished to
form a civil partnership for the legal protection
that a formally recognised relationship provides.
The Supreme Court decided that England &
Wales’s law only allowing homosexual couples
to enter civil partnerships was incompatible with
the European Convention on Human Rights. Probate fee hike scuppered again
For the second year in a row there was an
attempt to increase probate fees. The fee
structure was due to change to a tiered structure
based on estate value from 1 April 2019. Earlier
this year, a week before the change was due
to be implemented, it was announced that the
increase would not be going ahead this year. The
statutory instrument that would have introduced
the new fees missed its deadline to be laid
before Parliament. It’s safe to assume that the
probate fee increase will happen though, so this
is certainly one to keep an eye out for next year.
As of 2nd December 2019, legislation has come
into force allowing heterosexual couples to form
civil partnerships. This has a minor effect on will
writing, as it means that all couples may now
include a clause in their will stating that it is being
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the society of will writers
A move towards opt-out organ donation
The Organ Donation (Deemed Consent) Bill