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Mark Pawlowski examines recent case law on resulting trusts, the presumption of advancement and joint borrowing under a mortgage ‘The court reiterated the view, expressed in Gorman, that prima facie, if the purchase is financed in whole or in part on mortgage, the person who undertook liability for the mortgage repayments, as between joint owners, …
Continue reading "Trusts: Who owns what?"
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The unusual success of an undue influence claim overturning a will and lifetime transfer sheds light on best practice when dealing with clients who do not speak English. Aidan Briggs explains ‘The importance of a language barrier cannot be overstated in relation to the giving of instructions and the taking of advice.’ Cases where the …
Continue reading "Contested wills: Beware cultural conventions"
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What should charity trustees do when they cannot even give money away? Josh Lewison discusses ‘If the point of the charity is to improve the public standing of the Lecter family, and it can no longer achieve that goal, then there may be nothing to be gained by continuing.’ A number of recent news items …
Continue reading "Charities: Tainted gifts"
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Mark Dunster and Simon Florance consider lessons from the first private law action brought in the Guernsey courts by a person denied access to assets as a result of a suspicious activity report (SAR) ‘Although Liang is the first decision on a private law action of its kind in Guernsey, no doubt there are many …
Continue reading "Anti-money laundering: Legislation with a ‘chilling’ effect"
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Laura Abbott explores whether ADR should be compulsory in Inheritance Act cases ‘The judge felt that she could not be certain that the intention of the CPR was to impose ADR on parties who do not consent and so she held that the High Court does not have the power to order it.’ An Inheritance …
Continue reading "The 1975 Act: The finest of balances"
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Emily Exton and Rebecca Welman provide a summary of recent undue influence cases and outline their relevance for practitioners ‘It is long established that mere persuasion of the testator which results in a change of mind will not amount to undue influence.’ English law distinguishes between undue influence in the context of lifetime gifts and …
Continue reading "Undue influence: Reform needed?"
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Stephen Lawson evaluates the case for formal supported will-making ‘What a will preparer should not do is simply answer a tick box “does the testator have capacity yes/no” – a question that is all too often seen in will preparation files.’ There is currently much debate about the introduction of a formal supported will-making scheme …
Continue reading "Wills: The times they are a-changin’"
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James McKean examines a recent addition to the growing body of case law on undue influence and the elderly testator ‘This judgment serves as a reminder that allegations of undue influence, fraud and sham can be dealt with summarily if they, or if the defence thereto, have no real prospect of success.’ The case of …
Continue reading "Undue influence: Behind the social façade of dementia"
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Geoffrey Shindler feels the regulatory burden and calls upon us all to take some responsibility ‘Are we in fact being governed by regulation rather than being governed by what we were trained to do?’ Once upon a time (like you I am sure) I used to bounce out of bed in the morning, eat a …
Continue reading "Musings from Manchester: Making an AML of it"
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Richard Dew and James Egan give an analysis of the current status of the doctrine of illegality and trusts ‘There are two categories of conduct that count for the purposes of the doctrine of illegality: first, criminal acts; and second, quasi-criminal acts which engage the public interest in some way (such as cases involving dishonesty …
Continue reading "Trusts: It will be alright on the Knight"
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