May 2019 #206 – Law Journals

Musings from Manchester: Unhappy families

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Geoffrey Shindler examines whether the current system does justice for children excluded from a parent’s will ‘The one thing that seems to be certain in English law is that this issue remains an important but entirely uncertain area.’ As Leo Tolstoy reminded us, in Anna Karenina, ‘All happy families resemble one another, but each unhappy …

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The 1975 Act: The clock is ticking… or is it?

William East reviews two recent cases on out-of-time 1975 Act claims with different outcomes ‘The decision that “excusable delay” should be for “weeks or, at most, months”, absent “highly exceptional factors”, begs the question of what those factors might be and whether this sets the bar too high given the shortness of the initial time …

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Domicile: Should I stay or should I go?

Scott Taylor and Oliver Black investigate the factors that will be taken into account when establishing domicile ‘The concepts of “residence” and “intention” are key in considering whether one has adopted (or abandoned) a domicile of choice.’ The High Court recently tried a preliminary issue in the case of Proles v Kohli [2018] as to …

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Court of Protection: Standing in the donor’s shoes

Justin Holmes reports on a case concerning the making of a deathbed statutory settlement to avoid the intestacy rules ‘CF had never been able to express any wishes, feelings, beliefs or values about what should happen to his estate after his death, and the judge had to do his best to put himself into CF’s …

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Forfeiture: What relief?

A recent case provides helpful guidance on the financial consequences of assisting suicide. Alexa Payet explains ‘The steps which Alex took prior to his death, in an attempt to support Sarah in this process after he was gone, were crucial to the success of the application and assisted the court in reaching a decision at …

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Contested wills: Late for a very important date

Fiona Lawrence and Julia Hardy explore what it will take for a court to allow a very late amendment to a will challenge claim ‘It is clear from the various authorities that each case turns on its own facts, and that best practice in assessing the merits of each application is to attempt to conduct …

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