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John Dickinson considers how the High Court approves expenses in estate accounts ‘The court pointed out that it would be wasteful if, in every case, for their own protection, the personal representatives were to be obliged to engage the costs assessment system before being able to enter the sum concerned in their estate accounts for …
Continue reading "Probate: Breaking the deadlock"
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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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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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James Kemp examines the power of the court to order DNA testing ‘The issues of having the best evidence available, together with the lack of a human rights impact, support those who seek such a test. The caveat is that of course such an application must provide evidence of a triable issue and perhaps warrant …
Continue reading "Inheritance disputes: In the blood"
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A recent case shows the danger of conflict of interest when there is an apparent deathbed gift. Siân Hodgson reports ‘Each case will be considered on its facts but what is emphasised in this case is that where a donor has a fluctuating state of health, what is key is that imminent death from a …
Continue reading "Estate administration: For whom do you act?"
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