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John Sharples outlines a case that clarifies occupation rights Ali illustrates the importance of properly analysing the nature of the occupying beneficiary’s interest at the outset and seeking the proper relief on behalf of the proper claimant for the correct amount. In what circumstances can a beneficiary of a trust of land who does not …
Continue reading "Trusts of land: What justifies the award of occupation rent?"
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Laura Abbott provides a refresher on the procedure to follow in the case of a missing person, with reference to the most up-to-date case law While it will not be an ‘everyday’ case for practitioners, around 250,000 people go missing in England and Wales every year, so unless and until they are found families may …
Continue reading "Presumption of death: What to do when someone goes missing"
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Rebecca McNulty discusses two recent cases from the UK and Jersey courts that emphasise the importance of a complete evidence picture when establishing mistake If the court is to be persuaded that there has been a genuine mistake, it needs to be provided with all relevant correspondence and documents so that such an assessment can …
Continue reading "Offshore: Making the most of mistake"
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Kieran Forsyth reviews a case that demonstrates the importance of obtaining a notice of severance of a joint tenancy and filing it at the Land Registry Dunbabin is notable for the fact that it demonstrates that the execution of mirror wills can be sufficient to sever a beneficial joint tenancy, even if those wills are …
Continue reading "Wills: The effect of joint tenancies"
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Does the Trust Registration Service achieve its anti-money laundering goals, or is it just another expensive layer of bureaucracy for clients, asks Geoffrey Shindler My concern is that what is being heaped upon professionals is yet another level of compliance and bureaucracy; and I have grave doubts as to whether the information that is demanded …
Continue reading "Musings from Manchester: Putting trust professionals in the role of policing the anti-money laundering industry is unhelpful and onerous"
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Recent case law has confirmed that Quistclose trusts do not override commercial practice. Professor Sukhninder Panesar explains The mere fact that the monies were advanced for a specific purpose was not in itself sufficient for the finding of a Quistclose trust; there had to be more in the sense that the monies were only to …
Continue reading "Quistclose trusts: A high threshold of facts"
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Dawn Goodman explores how mediation can work well in trust and estates disputes Ironically, some of the qualities of trust and succession disputes that make them so difficult to settle may make mediation among the most successful ways of achieving a consensual outcome. Trust and estate disputes can be among the most unpleasant and difficult …
Continue reading "Alternative dispute resolution: Seeking consensus"
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Simon Adamyk and Jessica Powers examine the current judicial approach to jurisdictional challenges on forum non conveniens grounds Post-Brexit, jurisdictional issues are determined, for the most part, in accordance with common law principles. Al Assam v Tsouvelekakis [2022] was concerned with the funds of two Cypriot trusts, the AAA Family Trust and the Hamza Family …
Continue reading "Jurisdiction: After Brexit"
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Documentary records were critical in establishing lack of knowledge and consent in a high-value judgment over an illiterate settlor’s will. Kevin Modiri discusses One would expect that if after just two years, a testator made a significant change to their will that cut out three residuary beneficiaries who together stood to inherit over £46m, a …
Continue reading "Wills: High Court rules against multimillionaire’s 2014 will"
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Guy Holland analyses whether a cohabitee’s beneficial interest can be varied by express agreement alone In finding that detrimental reliance was not the only route to establishing unconscionability, Kerr J has identified a clear distinction between the approach to be adopted in single name and joint name cases. It is well established that detrimental reliance …
Continue reading "Trusts: Doing away with the need for detrimental reliance"
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