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Is a sub-trust a disposition for the purposes of s53(1)(c) of the Law of Property Act 1925? Mark Pawlowski and James Brown assess the current position ‘When an intermediate trustee makes a declaration of trust of their equitable interest, they do not deprive themselves of that interest but simply create a second equitable interest held …
Continue reading "Trusts: Sub-trusts and formality"
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The Court of Appeal judgment in Ilott v Mitson highlights the problem of quantifying reasonable financial provision for the adult child under s2 of the I(PFD)A 1975. Miranda Allardice explains ‘To some the passing of wealth outside the immediate family is anathema; to others it is a valuable freedom.’ The issue of quantum in the …
Continue reading "Quantum: Of greatest benefit?"
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Lucie Sleeman sets out how the Office of the Public Guardian is affected by recent developments in mental capacity law ‘Under the Mental Capacity Act 2005 the Court of Protection exercises statutory jurisdiction over the property and affairs of the mentally incapacitated person but the practical administration and supervision of the person’s affairs are carried …
Continue reading "LPAs: When will your appointed attorneys in an LPA be allowed to make decisions?"
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William Batstone examines Davies v Davies [2015], in which a farmer’s son secured the freehold of the farm that his father had encouraged him to make his life’s work by promises that it would eventually be his ‘If James had been made aware of his father’s wishes in 1999, when he was in his early …
Continue reading "Proprietary Estoppel: One day all this will be yours"
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Simrun Garcha discusses the implications of Credit Agricole Corporation and Investment Bank v Papadimitriou [2015] ‘The court accepted the argument that “the arrangement could not have any commercial purpose other than money laundering” and the complex structure involved would have caused a reasonable bank to become suspicious of improper motive.’ The Privy Council’s recent decision …
Continue reading "Money Laundering: Vigilance at all times"
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Ilott v Mitson raises profound moral issues. Geoffrey Shindler explains ‘Parenthood comes with various rights and duties. Does it come with an overriding duty to make provision for your child with whom you have had no contact for 26 years before your death?’ Law and morality. This is a subject to which we do not …
Continue reading "Musings From Manchester: Value judgment"
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Araba Taylor examines Re Butcher [2015], a case that puts the principles of Gill v Woodall into practice ‘The single test comes into its own where the court has enough facts, expert opinions and other evidence to enable it to make findings as to how the will was prepared and/or executed.’ Before the CA decision …
Continue reading "Wills: One step, two step…"
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James Ward gives an update for practitioners on the management of digital assets ‘This article should be treated as a timely warning to practitioners about what they should be doing in relation to digital assets owned by their clients and the issues they must consider.’ Digital assets are all around us. It is almost impossible …
Continue reading "Digital Assets: Staying ahead"
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Keith Robinson discusses a case concerning the disclosure of information to beneficiaries and the role of the protector ‘The Court of Appeal pointed out that the decision of whether or not to make disclosure under clause 9.2 is that of the trustees and not the protector (who only has a power of consent).’It is now …
Continue reading "Trusts: Following in the footsteps of Schmidt"
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Oliver Auld and Tamasin Perkins consider Birdseye v Roythorne & Co [2015], which concerns the waiver of privilege by executors ‘Where privileged documents have been disclosed in error and inspected, the general rule is that it is too late to seek injunctive relief preventing the parties from relying on them.’The decision of the High Court …
Continue reading "Executors: Keep tabs"
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