Wills & Trusts Law Reports | Winter 2023 #193Evi Kalodiki (the testatrix) passed away on 31 December 2018, having executed a purported will dated 27 December 2018 (the will) and married the claimant on 28 December 2018. The claimant maintained that the will was revoked by the testatrix’s marriage to him. The defendant was the testatrix’s sister and was named as a beneficiary in the will.
By an application to the Central Family Court, the defendant sought a declaration under s55 of the Family Law Act 1986 in respect of the status of the marriage, contending, among other things, that the marriage was invalid ...
Wills & Trusts Law Reports | April 2016 #158The claimant had been convicted of the manslaughter of his mother (the deceased). He had a low IQ though there was no clear medical view that he suffered from a mental disorder. However, he had not argued that he was unfit to plead and he had not raised a defence of diminished responsibility. He was sentenced to be detained in hospital under s37 of the Mental Health Act 1983. He was detained in a medium security establishment, and it was considered unlikely that he will ever be fit for discharge.
The deceased’s house did not form part of her estate. It had ...
Alex Tamosius explains the implications of Foulser v HMRC [2015] ‘The difference of opinion between the Foulsers and HMRC on the question of valuation is striking, but it is worth pausing from the tribunal’s answer to consider the more obvious question – why has it taken eight years from the Court of Appeal’s decision in …
Continue reading "Capital Gains Tax: A question of interpretation"
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Christian Taylor explains how to use the Criminal Injuries Compensation Scheme to get the best award for clients ‘Medical evidence is an extremely important factor… as well as pre-incident convictions/character and the extent to which treatment and support has been sought by the applicant since the incident.’The Criminal Injuries Compensation Scheme was enacted to provide …
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Richard Scorer and Malcom Johnson consider insurers’ liability for sexual assaults in a motor vehicle The term ‘arising out of’ still excludes the use of the vehicle being causally concomitant but not causally connected with the act in question. Could sexual assaults/abuse taking place in a motor vehicle lead to a damages claim that would …
Continue reading "The Extent Of Insurance Cover: The ‘wrong’ type of use"
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