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The 1975 Act: Increasingly relevant

Juliet Petchey considers practical points arising from a case contemporary with Ilott that was also based on the Inheritance (Provision for Family and Dependants) Act 1975 ‘Practitioners will recognise the scenario that, having taken advice, the defendant soon demanded the claimant leave the house in order that he could realise his inheritance. The defendant considered …
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Trusts: After Marley

Mike Muston reviews a case which indicates that the courts will take a ‘common sense’ approach to construction and rectification ‘The case of Millar provides further confirmation, following on from the Supreme Court decision in Marley, that courts will approach cases of construction and rectification on a practical and common-sense basis.’ The case of Millar …
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Probate: Ashes to ashes

Disposal of a corpse: who has the right to decide after death? Amy Berry explains ‘Judge Boggis QC confirmed that the factual matrix is relevant as are the views of all sides and the wishes of the deceased, but that ultimately the court is required to find a solution which does fairness and justice to …
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Business property relief: No holiday

The bar for a holiday lettings business to qualify for BPR is set increasingly high. Katherine Bullock outlines how to best advise clients ‘It does appear that, to be classified successfully as a non-investment business, a holiday letting business will need very significant services indeed to succeed; possibly even expenditure in excess of 65% of …
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Proprietary estoppel: A principled approach to the facts

Gordon Nurse examines a case that indicates how proprietary estoppel cases are currently treated at trial ‘It is essential from the outset to give careful consideration to the facts that must be established, especially if a party is to be entitled to rely on proprietary estoppel.’ Smyth-Tyrrell v Bowden [2018] is an example of the …
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Charities: The limits of discretion

The Court of Appeal has indicated the extent to which it will control the exercise of discretion by fiduciaries. Robert Pearce QC discusses ‘The Chancellor’s decisions that the grant was in the best interests of the charity and his direction to L to vote in favour of it were given simultaneously, giving L no opportunity …
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Probate: Out in the ether

Digital assets risk being overlooked during the probate process. Sue Mackintosh and Joshua Eaton report ‘If digital assets with a financial value are not accounted for, the estate of the deceased will not receive the assets, and the beneficiaries will receive less.’ In administering an estate, the personal representatives (PRs) of a deceased individual must …
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Trustees: Judicial blessings

A recent case illuminates when a trustee can enter into a commercial transaction and the scope of s57 of the Trustee Act 1925. Adam Carvalho and Joseph de Lacey highlight the key points ‘The court did not need to agree that the trustee’s decision was “right”, but just that the decision fell within a range …
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Wills: Gender balance

Alison Craggs sets out important points to consider when advising a transgender client ‘Under s15 of the GRA, the fact that a person’s gender has changed does not affect the disposal or devolution of property under a will or other instrument made before 4 April 2005. However, the disposal or devolution of property under a …
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Testamentary undue influence: Hope over experience

John Poyser pinpoints the warning signs for testamentary undue influence, with lessons from a recent Canadian case ‘If the will-maker feels compelled to leave their wealth to a different collection of people, whether by overpowering fear or overpowering hope, then the resulting will is void.’ A recent Canadian case highlights some fresh perspectives on testamentary …
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