This category can only be viewed by members.
Mark Pawlowski examines the doctrine of commorientes with particular reference to its implications for property held on a joint tenancy Where there is uncertainty surrounding the circumstances of joint or simultaneous death (ie, so that it is not known who died first), a fairer and more just solution is to convert the joint tenancy into …
Continue reading "Succession: Who died first?"
This post is only available to members.
Those taking on a trusteeship must be fully informed. Graeme Kleiner, Hugh Gunson and Thomas Watts discuss Mackay, which develops the grounds on which such appointments can be set aside The claimant’s acceptance of her appointment could be severed from the DORA without offending the rule against partial rescission and without operating unfairly on any …
Continue reading "Trustees: Mistaken loyalty"
This post is only available to members.
Heather Conway and Sheena Grattan look at family provision, adult children and property transfers In our opinion, it would be wrong to read Noble as signalling a fundamentally different approach, given that Noble was dealing with a very different set of factual circumstances Noble v Morrison [2020] is the first reported family provision case in …
Continue reading "Family provision: A new approach to an old dilemma? "
This post is only available to members.
Applications under s48 AJA 1985 are rare. Mary Ashley explores a case which illuminates the court’s approach in such claims To have acquired a domicile of choice, the deceased must have both lived in a location and formed the intention to live there permanently or indefinitely. Clarke-Sullivan v Clarke-Sullivan [2021] is a case which concerned …
Continue reading "Wills: Which law to interpret a will – a simple question with a complicated answer"
This post is only available to members.
Anna Sutcliffe highlights practical pointers for bringing a proprietary estoppel case and suitable remedies, with reference to Anaghara Alice’s expectation that she could live in the property for her lifetime was not only something which she could reasonably rely upon, but was close to a consensual bargain. The Chief’s representations were both meant by him …
Continue reading "Proprietary estoppel: What is fair"
This post is only available to members.
Geoffrey Shindler looks ahead to 2021 and the possibility of a new wealth tax The problems of a wealth tax in 2021 are not fundamentally different from the issues that were faced and rejected in 1974. I will lay a pound to a penny that when you woke up on 1 January 2020 you did …
Continue reading "Musings from Manchester: May you live in interesting times"
This post is only available to members.
Jo Summers and Ramandip Kaur examine whether it is time for a wealth tax The report highlights that wealth has been rising in the past 70 years, which has made the introduction of a wealth tax potentially more lucrative. A lot has been said recently about the state of the UK’s finances and how Rishi …
Continue reading "Wealth Tax Commission: A taxing question"
This post is only available to members.
Katherine Neal and Damian Evans investigate whether trustees can take comfort from a recent Jersey decision on involvement in foreign proceedings Only in exceptional circumstances would the Royal Court direct a trustee to take part in foreign proceedings where the assets of the trust could be recovered by a third party. In a world of …
Continue reading "Jersey trusts: To submit – or not?"
This post is only available to members.
A Cayman court judgment has affirmed the expectations levelled upon a responsible trustee. Lisa Vizia explains A devout Muslim, it was the settlor’s express wish that on his death his assets should be dealt with in accordance with Islamic (shari’a) inheritance laws. A trustee’s work is seldom straightforward and perhaps never truly ends. The professional …
Continue reading "Trustees: Going the extra mile"
This post is only available to members.
Katie Alsop discusses a proprietary estoppel claim that succeeded despite little documentary evidence and the claimants not being family members With the benefit of hindsight, this case would have been eminently suitable for mediation. It does act as a stark reminder of the obligation on practitioners to discuss with clients the expectations of the court …
Continue reading "Proprietary estoppel: An unusual plot"
This post is only available to members.
