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Zahra Kanani looks at the lessons to be learned from NHS Foundation Trust v Mrs X [2014], which marks a shift in the court’s attitude to ‘the right to life’ ‘The decision-maker must look at the welfare of the individual concerned in the widest sense; the decision-maker should take into account not just medical factors …
Continue reading "Court Of Protection: Hard choices"
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Re Portman Estate [2015] provides useful pointers on modernising a trust. Georgia Bedworth reports ‘Where powers are more restrictive than might be found in a modern settlement, s57 Trustee Act 1925 is a means by which trustees can update their administrative powers to allow adaptation to modern circumstances.’ Most settlements are designed to be long-term …
Continue reading "Trustees’ Powers: Expanding the scope"
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The risks of acting for executor and beneficiary are clear in Kousouros v O’Halloran & Aresti [2014]. Gerald Wilson explains ‘Legal advice privilege is not to be weighed against any other public interest, whether that is in establishing the truth or the proper supervision of estates.’When you act for a beneficiary under a will, what …
Continue reading "Professional Conduct: A cautionary tale of privilege and conflict"
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Mark Feeny reviews the 33rd edition of the classic Snell’s Equity As a seasoned campaigner, now into my fourth decade of trust practice, I imagine that a lot of what I do on a daily basis is guided by instinct. That instinct has been honed by learning from the many mistakes which lie in wait …
Continue reading "Book Review: It’s not all academic"
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Rory Brown looks at the lessons to be learned from the 1975 Act application in Wright-Gordon v Legister [2014] ‘The case turned on the characterisation of Arlene’s relationship with Alonzo, namely whether she was a lover or a lodger.’ This article summarises the careful and learned judgment in the titular case before seeking to draw …
Continue reading "Intestate Provision: Of lovers, lodgers and liars?"
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Geoffrey Shindler reflects on the apparent demotion of the courts in tax affairs ‘How does the FCA, or any other authority, come to the decision about the guilt or otherwise of an institution breaking the relevant rules? What does the charge sheet say and how, if at all, does “the defendant” plead or argue its …
Continue reading "Musings From Manchester: A worrying trend"
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Howard Lederman examines Garcha v The Charity Commission [2014], which clarifies when permission to bring charity proceedings under s115 of the Charities Act 2011 will be granted ‘Norris J ultimately held that it was not in the interests of the charity to enable the current committee to investigate the costs incurred by the former committee …
Continue reading "Charities: The purpose of the ‘filter’"
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Hannah Herbert provides an update on AML4 ‘The degree to which the 4th Anti Money Laundering Directive acts as a burden on trustees will depend upon how the requirement that the information provided to the central register is accurate and current is transposed into domestic law.’On 16 December 2014 the Presidency of the Council of …
Continue reading "Money Laundering: Balancing privacy and risk"
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Antonia Barker outlines P v P, which sheds light on the circumstances in which a trust will be considered a nuptial settlement ‘Practitioners should be aware that even where the ultimate trust is not a nuptial settlement, any individual settlement of an asset into that trust, or even the right to occupy a trust property, …
Continue reading "Nuptial Settlements: Break it up"
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Andrea Zavos and Will Twidale analyse a proprietary estoppel claim against trustees ‘Sir William Blackburne said that the question before him was whether it was sufficiently pleaded that Mr Jodrell was the agent at all of his co-trustees, in the sense that they authorised him to make the representations in question on their behalf.’ In …
Continue reading "Proprietary Estoppel: Words and deeds"
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