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Andrew Bishop and James McKean review a defendant’s attempts to compel a CFA-funded claimant under the Inheritance Act to take out insurance or make payments into court There is a fairly common misconception that a CFA-funded claimant is under an obligation to obtain ATE insurance to ensure their opponent’s costs can be paid. It is …
Continue reading "Inheritance Act claims: Heads I win, tails you lose – CFA-funded claims under the 1975 Act"
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Trustees should not become overly involved in family disputes, and court sanction should be obtained for any arrangements put in place. Damian Evans and Matthew Davies discuss When discord breaks out between family members, it is often the case that a trustee will find itself caught between the different sides of the family dispute. The …
Continue reading "Offshore: Lessons for trustees and trust practitioners from Patel v JTC"
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Is a transaction one by which one party intended bounty on another with a false belief of the outcome of the transaction? Donna Matthews considers this question recently considered by the High Court of Justice of the Isle of Man The equitable jurisdiction is normally invoked where a disposition into a trust has unforeseen consequences …
Continue reading "Offshore trusts: Equitable mistakes and undoing the past"
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Hugo Smith outlines the reasons for updating and streamlining the variation of trusts process Many trustees and beneficiaries are realising that the end of their perpetuity period is, in generational terms at least, only just round the corner and are looking to do something about it. ‘One down, and on to the next,’ said the …
Continue reading "Guest editorial: When perpetuity is surprisingly brief"
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Laura Abbott examines a case that provides a useful summary of the current approach to a dispute over the deceased’s final resting place The deceased cannot bind their personal representatives as to how their body should be disposed of, but of course the wishes of the deceased are important and should be taken into regard. …
Continue reading "Burial disputes: Cohabitees on the back foot"
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The Public Guardian v RI provides welcome clarity of the criteria for determining capacity for the purposes of s22(2)(a) of the Mental Capacity Act 2005. Katharine Elliot explains Poole J’s judgment clarifies both the evidence which should be provided to the Court of Protection in determining a s22 MCA 2005 application and the relevant information …
Continue reading "Powers of attorney: Creating the bulletproof LPA"
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Alicia Tan reports on a case that confirms the Chancery position on jurisdiction over foreign trusts The effect of Chellaram is to give the English courts a broad remit to intervene in the administration of foreign trusts by way of the in personam jurisdiction. The recent case of Heslop v Heslop [2021] has once again …
Continue reading "Trusts: Time for a new approach?"
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James Sheedy sets out the position for trustees concerned about falling foul of sanctions It is very difficult to see how (given the combined scope of the application of EU and UK sanctions to EU and UK citizens) there will be anyone left in places like Jersey able to administer structures that have a Russian …
Continue reading "Trustees and sanctions: Where angels fear to tread?"
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The testimony of parties who have nothing to gain from proceedings can help to prove a will. Katie Alsop highlights practical points for contentious probate practitioners arising from a recent case Not only is this case a useful reminder for practitioners to reacquaint themselves with the detail of s9 of the Wills Act 1837, in …
Continue reading "Wills: Proving missing wills"
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Ken To and Catherine Hau explore the success of challenges to wills based on fraudulent calumny in recent English jurisprudence It was not necessary for the party seeking to establish fraudulent calumny to prove that it was the only cause of the change in the testator’s intentions as to his or her testamentary dispositions. It …
Continue reading "Fraudulent calumny: Setting aside wills obtained by lies"
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