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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?"
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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"
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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? "
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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"
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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"
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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"
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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"
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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"
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Context is everything when defining the common intention constructive trust. Aidan Casey QC and Tom Poole discuss recent case law Marr has changed the way courts should approach disputes about the beneficial ownership of family-owned investment property portfolios. It has been recognised since the decisions of the House of Lords in Pettitt v Pettitt [1970] …
Continue reading "Beneficial ownership: Marring the deal"
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The interests of illegitimate or adopted persons can be problematic when dealing with older settlements. Richard Dew explores an illuminating case An issue which all the beneficiaries and the trustees wished to be resolved in favour of the illegitimate child was resolved by means of a relatively straightforward appointment and application to court rather than …
Continue reading "Trusts: Keeping up with the times"
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