Wills: Code of practice needed?

Martyn Frost | Trusts and Estates Law & Tax Journal | May 2013 #146
The Court of Appeal decision in Burgess v Hawes has muddied the waters on capacity, and want of knowledge and approval. Martyn Frost explains why The importance of the experienced practitioner’s evidence is going to be determined by what they did and what they know of what they should be doing. The recent judgment from …

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Fiduciary Duties: Acknowledgement is key

Hull & Hull LLP | Trusts and Estates Law & Tax Journal | April 2011 #125
A recent Canadian case confirms the UK position on the scope of fiduciary obligations, as Suzana Popovic-Montag and Sarah Halsted report ‘Most significantly, the court in Galambos v Perez conceptually analysed the nature of fiduciary obligations and concluded that it is not the case that all power-dependency relationships are fiduciary in nature.’In Galambos v Perez …

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