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Vlad Macdonald-Munteanu reviews the quantification of awards under the Inheritance (Provision for Family and Dependants) Act 1975 for elderly claimants ‘The take-away point is to help the court help you by ensuring that all figures are backed up with evidence and, where appropriate, expert reports.’ For many years, practitioners and judges alike have grappled with …
Continue reading "1975 Act claims: What is ‘maintenance’?"
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A recent case defines the scope of the Court of Protection for dealing with the variation of trusts. Marie Batchelor explains ‘While a minor has the legal ability to make some decisions, or enter into some agreements, it is widely accepted that a minor does not have the ability to vary a trust.’ The Variation …
Continue reading "Trusts: Adults only"
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Sally Goodger discusses a case which debated the circumstances in which a letter of wishes should form part of the will ‘All executors are potentially within the scope of s50 and if circumstances arise which impede the fulfilment of testamentary wishes, the court can exercise its statutory jurisdiction.’ Judge Russen QC handed down his judgment …
Continue reading "Construction: When a conflict of interest leads to court"
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The Privy Council has given welcome guidance on the rights of trustees of Jersey and Guernsey law trusts. Nick Robison reports ‘It will comfort beneficiaries (and settlors) knowing that assets settled into trust may not be attacked by a third-party creditor of the trustee, without consideration of the trustee’s role.’ On 23 April 2018, the …
Continue reading "Trustees: Who is liable?"
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Geoffrey Shindler urges practitioners to express themselves ‘The cost of valuations, if indeed valuations should be required in this type of estate, is, I suggest, out of all proportion to the requirement of obtaining probate when no IHT is payable.’ Your country needs you! At this moment in our momentous history we must all rise …
Continue reading "Musings from Manchester: The quest to simplify the practice of IHT"
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Geoffrey Shindler looks into the post-Brexit future ‘I am hoping that cometh April 2019 we shall have the ability to develop trust and estate law free from any fears of continental invasion.‘ Robert Browning, not on the subject to Brexit but rather giving us his Home-Thoughts, From Abroad, once stated: Oh, to be in England …
Continue reading "Musings from Manchester: Who will stand up for the trust?"
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How should we consider the EU Succession Regulation and UK/EU private client law in light of Brexit? Phineas Hirsch discusses ‘Following the UK‘s eventual exit from the EU, the ability for English testators to elect expressly in their will for the law of their nationality to apply to their succession under Art 22 of the …
Continue reading "Brexit: Opting out"
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The Court of Appeal has provided beneficiaries with an alternative avenue for seeking disclosure against a trustee. Sophie Holcombe explains ‘The Court of Appeal expressly stated that it would not be correct to refuse to exercise the court‘s discretion to order compliance “because this disclosure could not be obtained from the trustees under the governing …
Continue reading "Disclosure: Uncovering trustees‘ reasons"
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Amanda Noyce outlines the lessons from a case concerning how a disputed share of a settlement fund should be assigned ‘The question that the Public Trustee sought to have determined was whether, according to the terms of the settlement, David‘s share accrued to the share that was held for his brother, Jeffery, and so was …
Continue reading "Wills: Generation gain"
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Failure to advise clients of risk can have serious financial consequences. David Greene and Dominic de Bono consider a recent equitable compensation claim ‘Jackson LJ held that this was a category 2 advice case, noting that this was not a “conventional conveyancing situation“. While the purchasers had taken the decision to purchase a property in …
Continue reading "Remedies: A costly error"
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