This category can only be viewed by members.
Recent claims from adults under the 1975 Act abound. Laura Abbott differentiates the winners from the losers While the claimant in this case was the deceased’s granddaughter, and so claiming under s1(1)(e) as a person maintained as opposed to a child under s1(1)(c), the judge’s approach to the case and rationale mirrors that in recent …
Continue reading "The 1975 Act: Establishing genuine financial need"
This post is only available to members.
Andrew Vinson assesses how proprietary estoppel relates to oral contracts In all cases, the inquiry in relation to a potential proprietary estoppel is concerned with the overall result of the parties’ dealings. What is the position in which the parties would be if the court did not intervene? Proprietary estoppel is a fertile ground for …
Continue reading "Proprietary estoppel: Crossing the line"
This post is only available to members.
Sarah Bolt examines the current approach to deciding what is a valid deathbed gift This case was a prime example of circumstances in which a deathbed gift ought not to be allowed to validate otherwise ineffective testamentary dispositions. Deathbed gifts are back in the spotlight with the recent decision of Davey v Bailey on 26 …
Continue reading "Donatio mortis causa: An end to deathbed gifts?"
This post is only available to members.
Geoffrey Shindler questions recent changes to the probate process, which have created delays for practitioners and their clients Probate is now becoming contentious, not in the sense of clients arguing with each other but rather because of the frustration that practitioners and clients are experiencing as a result of current changes to the probate system. …
Continue reading "Musings from Manchester: If it ain’t broke…"
This post is only available to members.
James Brown and Mark Pawlowski consider whether a new tort of inducing a breach of trust would be a welcome development in English law The recognition of a new tort of inducing a breach of trust would have the advantage of allowing the claimant to pursue a third party where their wrongdoing consists solely of …
Continue reading "Breach of trust: Time for a new law?"
This post is only available to members.
Louise Mathias-Williams explores a case where a windfall jeopardised the beneficiary’s living arrangements The judge was persuaded that it was in LMS’s best interests to authorise the proposed deed in order better to effect the testator’s intention to financially benefit her. Becoming entitled to an inheritance is, for most, a fortunate place to occupy, albeit …
Continue reading "Court of Protection: Skewed benefit"
This post is only available to members.
The nexus between pension transfers and IHT is not straightforward. Duncan Bailey and Imogen Trafford report on Commissioners for HMRC v Parry, which provides welcome guidance Mrs S’s omission was the operative cause of the increase in the sons’ estates and therefore under s3(3) inheritance tax was chargeable. The Supreme Court has ruled on a …
Continue reading "IHT: Unintended consequences"
This post is only available to members.
Nicholas Grundy QC and Victoria Osler discuss the service of notices relating to land on a deceased, as considered in Gateway Housing Association v PRs of Ali The court held that the primary purpose of s18 is to protect the interests of those who have the right to serve notices affecting land following the death …
Continue reading "Death and property: Details matter"
This post is only available to members.
Jessica Woollard and Alexandra Hirst revisit 1975 Act claims and financial remedies on divorce A former spouse or civil partner may be able to bring a claim under s81(1)(ba) of the 1975 Act if the parties legally separate and subsequently cohabit. In Chekov v Fryer [2015], the defendants applied to strike out an application under …
Continue reading "1975 Act: ‘Til death do us part?"
This post is only available to members.
Recent Cayman Islands case law has focused on the effect of firewall and forum of administration provisions on trusts. Rachael Reynolds and Deborah Barker Roye examine current judicial thinking and how principles apply in England and Wales While the firewall legislation provides robust protection for Cayman trusts against attack from orders of foreign courts… it …
Continue reading "Offshore: A sting in the tail?"
This post is only available to members.
