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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll