Focus SWW Winter 2020 | Page 6

L A LEG 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 4 the society of will writers A move towards opt-out organ donation The Organ Donation (Deemed Consent) Bill