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Laura Abbott provides an update from the Court of Appeal on whether parties in Inheritance Act 1975 cases can be compelled to undertake ADR ‘Moylan J reasoned that in his experience, FDRs often achieve a great deal, even if the parties are resistant or actively hostile to them.’ In the September 2019 issue of TELTJ …
Continue reading "The 1975 Act: Compelling communication"
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Barbara Stratton QC, Sarah Huot and Hong Feng examine the impact of Canadian case Mawhinney v Scobie on no contest clauses in the UK ‘If a will includes a properly drafted and enforceable no contest clause, and a beneficiary unsuccessfully challenges that will, then the beneficiary forfeits their bequest by operation of the no contest …
Continue reading "Will drafting: When to challenge"
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Claire Blakemore and Jemma Thomas explore how the courts consider assets held in trust upon divorce ‘The cases provide helpful insights into how trust structures will be viewed on divorce, so that we can discern tips and practice points on creating and managing trusts most effectively.’ The court’s approach to assets held in trusts seems …
Continue reading "Family and trusts: Forewarned is forearmed"
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Is it a gift or resulting trust? Stephanie Wookey discusses a case which elucidates what is required for a complete gift ‘Clear words of a gift are not only required to the intended donee but also to any third party involved in giving effect to that intended gift.’ In August 2019, Murray J ruled in …
Continue reading "Gifts: When to perfect the imperfect"
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John Ward-Prowse reports on a case that provides useful points to cover when a new will cuts out family members ‘It was not the judge’s task to decide whether the 2015 will was justified or fair. He was only required to decide if it was valid, which he did.’ Anna Rea was 85 when she …
Continue reading "Will disputes: Valid concerns?"
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After the Supreme Court’s decision declaring the prorogation of Parliament unlawful, Geoffrey Shindler considers the functions of Parliament ‘The Supreme Court made it clear that, in its view anyway (not one shared by Her Majesty’s government of the day), Parliament is supreme and the government is subordinate to it.’ On the assumption that constitutional law …
Continue reading "Musings from Manchester: May you live in interesting times"
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Emma Holland and Luca del Panta look at an international family dispute which has lessons for trustees and PRs defending removal claims ‘At the costs hearing, the widow and daughter argued that the same general rule should apply on the basis that they had been “successful”, particularly as Dr Neupert had effectively abandoned his counterclaim, …
Continue reading "Costs: The cost of obstinacy"
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Adam Carvalho and Joseph de Lacey examine the priority of trustee indemnities ‘The original trustee argued that a pari passu approach was wrong in law, and that its claim had priority over the other creditors of the Z II Trust.’ Readers will of course know that trustees have a right to be indemnified for costs …
Continue reading "Trustees: First in time, first in line?"
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Timothy Sherwin explores the unanimity principle, and the position of trustees managing art and cultural property ‘Strangers need only examine the trust instrument and satisfy themselves that the relevant power can be validly exercised by only some of the trustees, and they can then assume that the actual exercise by some of the trustees is …
Continue reading "Trusts: Striking an artful balance"
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Partnership arrangements can be problematic upon death. Katie Alsop discusses with reference to Kingsley v Kingsley ‘Had the partners signed the partnership agreement, properly recorded the ownership – both legal and beneficial – of the farm land, documented the terms on which land outside the farm land was occupied, and engaged in some element of …
Continue reading "Wills: Deeds not words"
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