November 2013 #151 – Law Journals

Trusts: Who prepares the trust deed?

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Martyn Frost discusses an important point on reserved instrument activities arising from the Legal Services Act 2007 ‘My conclusion is that the provision of trust deeds was intended to be a reserved legal activity and that the Legal Services Act achieved that aim.’ There is a puzzling, but important, issue on the interpretation of a …

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Inheritance (Provision For Family And Dependants) Act 1975: ‘Necessitous circumstances’ are not enough

Ruth Hughes looks at the lessons from Re Theodore; Zarrinkhat v Kamal, which concerned a claim by an adult under the 1975 Act ‘This case demonstrates the truth of the proposition that ‘necessitous circumstances’ are not enough on their own to create a viable claim under the 1975 Act.’ The case of Re Theodore ; …

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Donatio Mortis Causa: In contemplation of death

Vallee v Birchwood clarifies the doctrine of donatio mortis causa. Jennifer Lee explains ‘The definition of mortis causa has been refined over the years by the common law and its scope construed more strictly, underpinned by a judicial unease about the nature of this type of gifts.’ This article aims to provide a short overview …

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Charities And SDLT: A relief for charities

Stephanie Howarth investigates a case that considers whether charities relief applies when charities act as joint purchasers with non-charitable bodies ‘Charities like PET and KCL are now in a position to reclaim overpaid SDLT, and charities with such transactions should revisit recent SDLT returns.’ Charities are major landowners and, of course, need premises from which …

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Trustees: A red card?

Catharine Bell and Nicole Aubin-Parvu review a case that highlights the importance for trustees of impartiality and independence when handling EBTs ‘There was, in fact, evidence to suggest that the trust was intended to be operated in breach of trust and that the scheme required such breach to achieve its purpose.’ The decision of the …

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Wills: Record, document and explain

Low Ah Cheow v Ng Hock Guan reveals the risk of delegating will drafting without care in conveying the testator’s intentions. Nisha Singh examines the case ‘Where a particular interpretation that is ambiguous on its face leads to a result that is irrational or capricious, the court will prefer an alternative interpretation that leads to …

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Musings From Manchester: Where should Richard remain?

Geoffrey Shindler awaits possibly the first judicial review over a disputed royal resting place ‘Wherever there is a good story there will be at least one good lawyer. The issue has now arisen as to where this skeleton should be finally interred.’I would venture to suggest that most of us can put a large part …

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Statutory Wills: A delicate exercise

Sharon Kenchington finds that NT v FS sets out useful guiding principles on determining ‘best interests’, in a rare reported case ‘Any decision made on behalf of the individual for whom the statutory will is being made must be in their best interests. It is important to recognise that this is not the same as …

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