This category can only be viewed by members.
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"
This post is only available to members.
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"
This post is only available to members.
Robert Lindley and Wesley O’Brien give the view from the Cayman Islands on how trustees should deal with extraterritorial questions about a trust The basis for seeking Beddoe relief was in accordance with the firewall provisions, whereby all questions arising in relation to a Cayman law trust are to be determined in accordance with Cayman …
Continue reading "Offshore: Roadtesting the law"
This post is only available to members.
Geoffrey Shindler crunches the numbers from HMRC which reveal the current state of trusts ‘Christmas is coming, and the goose is getting fat’. I have no idea whether in this unnatural year of 2020 that statement still holds true. However for all practical purposes it may be that Christmas is coming but not Christmas as …
Continue reading "Musings from Manchester: The ‘threat’ from trusts – fake news?"
This post is only available to members.
Matthew Mills considers when members of charitable companies will be subject to fiduciary duties in light of the recent Supreme Court decision in Lehtimäki v Cooper Members of charitable companies may be concerned that Lehtimäki encourages the ‘losing side’ in a members’ vote to challenge the actions of the ‘winning side’. However, one recent authority …
Continue reading "Charity: Where duty lies"
This post is only available to members.
Deeds of variation are often misunderstood in practice. Charlotte Watts and Joshua Lewison discuss a case that highlights common misapprehensions and possible solutions The judgment confirms that the personal representatives’ power derives from the consent of the beneficiaries and not from any inherent ability to depart from the dispositions of the estate made by the …
Continue reading "Deeds of variation: Mistakes and misconceptions"
This post is only available to members.
Trustees cannot always rely on indemnities. Charles Gothard, Robin Vos and Hannah Kalveks explore a breach of trust claim given the go-ahead despite an exoneration clause The trustee had applied to strike out the claimant’s case on the basis that there were insufficient particulars of dishonesty. The Court of Appeal has ruled that a breach …
Continue reading "Trustee liability: Neither borrower nor a lender be"
This post is only available to members.
The appearance of a will after many years is problematic. Joseph de Lacey investigates the outcome of this scenario in Wrangle v Brunt, which also involved an allegation of forgery A will can be signed by another person at the direction of the testator. Where this happens, it is sensible to ensure that a full …
Continue reading "Wills: The mysterious case of the long-lost will"
This post is only available to members.
Laura Abbott reports on a spate of recent cases in which the forfeiture rule has been waived Manslaughter will, in every case, deprive someone of their inheritance unless the court exercises its power to modify the effect of the rule. The long-standing forfeiture rule is a matter of public policy and provides that if a …
Continue reading "Forfeiture: Turning on the facts"
This post is only available to members.
Laura Abbott reviews the latest developments in adult claims under the Inheritance Act, as well as the controversial issue of the success fee in such claims Re H attracted further attention because it addressed the issue of whether a success fee liability due under a conditional fee agreement could form part of an award. An …
Continue reading "Inheritance Act claims: Need, not comfort"
This post is only available to members.
