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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 …
Continue reading "Testamentary undue influence: Hope over experience"
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Dreamvar has implications not only for conveyancers but for breach of trust claims against professional trustees. Claire-Marie Cornford and Sarah Smith explain ‘It was accepted that there had been failures in the identification checks undertaken by OWC and MMS; however, in both cases the claims against the vendors’ solicitors were dismissed at first instance on …
Continue reading "Breach of trust: Who bears the loss?"
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Paul Clarke explores the challenges of establishing that trust obligations have arisen after the failure of a joint venture ‘It is surprisingly easy for parties, even experienced commercial parties, to invest large amounts of time and resources in the hope of a joint venture agreement being reached, but fail to reach a binding agreement before …
Continue reading "Trusts: A perilous enterprise"
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Mike Muston outlines the extent of judicial discretion when considering relief from the forfeiture rule ‘The forfeiture rule will apply regardless of the moral culpability of the offender. However, the application of the rule is merely the default position and clearly there will be cases at different ends of the spectrum.’ The recent case of …
Continue reading "Forfeiture: Shades of grey"
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Danielle Dennis-Betts explores an influential Privy Council decision on how funds in a joint bank account should be treated on the death of one account holder ‘Perhaps the most important point to be considered in the case is what weight should be attached to an account opening agreement, signed by all holders of the bank …
Continue reading "Trusts and joint bank accounts: Check your admin"
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Jo Summers reviews the first edition of a book aimed at enlightening practitioners on the handling of digital information The Digital Estate (1st ed) Author: Leigh Sagar Published by: Sweet & Maxwell ISBN: 9780414061903 I have a confession. When I was first asked to review this book, I misread the title. I read ‘Digital Assets’, …
Continue reading "Book review: Too much information?"
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How does the court approve retrospective payments to attorneys who have exceeded their powers? Geoffrey Kertesz and Helen Fry discuss ‘The case is an emphatic reminder of the need to choose an attorney with the ability (and inclination) to engage fully with their duties.’ The Court of Protection in Re HH [2018] has returned to …
Continue reading "Lasting powers of attorney: When lay means laissez faire"
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Simon Weil welcomes the possibility of using living legacies in the UK ‘Logistically, the introduction of living legacies should be relatively straightforward since analogous income tax reliefs already exist for gifts of quoted securities and land to charity; the existing legislation could simply be extended in a finance bill.’ Living legacies, taking the form of …
Continue reading "Guest editorial: Transatlantic transfer?"
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Usufructs: traps for the unwary or planning opportunities? Mara Monte weighs up the pros and cons ‘It is important to be aware that having an usufruct arrangement over a portfolio will most likely give rise to an ongoing UK capital gains tax liability in the hands of a UK-resident bare owner.’ Usufruct arrangements are commonly …
Continue reading "Succession planning: Continental drift"
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Marcus Pallot and Julia Schaefer examine the effectiveness of new powers including unexplained wealth orders ‘The effects of the unexplained wealth order (UWO) are punitive, and failure to comply gives rise to a rebuttable presumption that the property is recoverable as the proceeds of crime.’ The UK Criminal Finances Act 2017 (the CFA) has been …
Continue reading "Criminal Finances Act 2017: New tools for UK government in fight against economic crime"
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