Wills & Trusts Law Reports | June 2013 #130On 28 October 2009 Susan Hursthouse (the appellant) pleaded guilty to an offence of fraud contrary to s1 of the Fraud Act 2006. The offence involved the forgery of the will of Henry Swinscoe (the testator). The appellant was accused along with her mother Jean Oldknow, who had previously been married to the testator. The testator died on 1 July 2008. He left a professionally drawn will dated 13 May 2004 by which he left everything to his then wife, Netta, or, in the event of her predeceasing him, which she did, his estate to be divided equally between the appellant and h...
Richard Shepherd looks at cases in which confiscation orders compete with financial provision claims ‘When assessing an entitlement to property for the purposes of confiscation, the ordinary and familiar common law principles of ownership and “interest” should apply.’ I must confess that I like the Proceeds of Crime Act 2002 (POCA 2002) and the law …
Continue reading "Proceeds Of Crime Act 2002: Dual interests"
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