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Laura Abbott discusses legal developments that bring relief for families when someone has disappeared ‘The Guardianship (Missing Persons) Act, which received royal assent in April 2017, will provide the missing piece of the jigsaw once it comes into force.’ Probably the most famous case involving a missing person is that of Lord Lucan who, despite …
Continue reading "Administration Of Estates: Missing, presumed dead"
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Anthony Nixon, Martin Cross and Clementine Burch provide an update on ‘charitable purpose’ outside the UK and the IHT exemption ‘It is clear from other case law that “charitable purposes” could be carried on anywhere in the world, even though this was not stated in the Charities Act 2006.’ The late Beryl Coulter’s executors have …
Continue reading "IHT: Charity begins at home?"
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Richard Adams clarifies the current position on beneficial ownership in the event of relationship breakdown ‘What the case highlights of course is the importance of those in relationships of this nature to document clearly their intentions as to respective ownership, and indeed to do so prior to any investment being made.’ The Privy Council recently …
Continue reading "Jointly Held Assets: Owning it"
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James Macdougald sets out the rules on non-party disclosure, clarified in a case brought by the beneficiaries of an employee benefit trust ‘The Civil Procedure Rules (CPR), r31.17 test has two limbs which operate cumulatively. Even where both are satisfied, the court may exercise its discretion not to make an order under the rule.’ The …
Continue reading "Litigation: Discovery channel"
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James Shaw examines the criteria for establishing dishonest assistance ‘It was incumbent on Morgan J to analyse the extent to which, if at all, Mr Louanjli was required to, and did, influence the decision-making of those at Notable to accept the stolen funds from Mr Nobre.’ As with all expensive sequels, there is a resounding …
Continue reading "Breach Of Trust: Dirty money"
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Mark Pawlowski reviews the court’s discretionary power to order a sale of the family home at the suit of a secured creditor ‘It has been argued that the court, in exercising its discretion under s15, must not make an order which would constitute a disproportionate interference with the right to private and family life and …
Continue reading "Trusts Of Land: A creditor’s prerogative?"
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Paul Ridout and Jelena Serbic report on the Law Commission’s latest proposals for changes to charity law ‘The changes proposed are technical but important, with real practical consequences for charities, including the removal of some of the inconsistencies and complexity that can make charity law difficult to apply and regulate.’ In August 2017 the Law …
Continue reading "Charities: Smoothing the way?"
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Daisy Brown explores how the courts will apply equitable accounting principles to co-owned trust property ‘The basic principle of equitable accounting between co-owners is that the financial benefits and burdens of the trust property are adjusted between them with reference to the proceeds of sale.’ In the judgment handed down on 7 April this year …
Continue reading "Equitable Accounting: Still relevant"
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Geoffrey Shindler questions whether the hurricane of new regulations will prevent financial crime ‘But unfortunately FATCA was like a virus and a very contagious one. The US could introduce FATCA, Europe could introduce CRS. Yet another set of regulatory requirements.’ We cannot go on like this. Not only have we reached the end of our …
Continue reading "Musings From Manchester: Brace yourself"
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Jo Summers reviews the Law Commission’s will consultation from the point of view of the practitioner ‘Perhaps the most important part of the consultation relates to the question of mental capacity. The paper notes that the legal test for testamentary capacity comes from the case of Banks v Goodfellow which is hardly recent.’ On 13 …
Continue reading "Law Reform: Will-making for the modern age"
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