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 solicitors to act for him on the grant of letters

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll