Focus SWW Winter 2020 | Page 7

P U D N U O R received royal assent this year. This change means that those who die domiciled in England from Spring 2020 will be deemed to be organ donors unless they have opted out in lifetime. This is a reversal of our current opt-in system. When discussing funeral and organ donation wishes when taking instructions this is something new you will need to raise as many people may not be aware of the change and wish to clearly opt out. A collection of interesting probate and undue influence cases made headlines It has been a very interesting year for contentious probate. This year we’ve seen everything from forfeiture to proprietary estoppel, and one very interesting undue influence case that included a vary rare challenge on the grounds of fraudulent calumny. See our write ups here, here and here. The second half of the Office of Tax Simplification’s report was released The Office of Tax Simplification finally released their second report this summer. This report made plenty of recommendations on ways of simplifying IHT rules on lifetime gifts, interactions with CGT, and businesses and farms. Recommendations centered around rolling the many lifetime gift allowances into one larger relief to help the general publics understanding of IHT. Unfortunately, no recommendations were made on the RNRB and downsizing provisions despite their admission that it is a complex area that is poorly understood. Shockingly the report even found that some solicitors opt not to advise on the RNRB because it is too complicated! Hopefully this is an area that the OTS will look at again in future. the society of will writers 5