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Jonathan Grogan sets out the current position on gifts from deputies and attorneys to themselves ‘While an attorney who is related to or connected with a person who lacks mental capacity is allowed to make gifts to themselves on customary occasions, a deputy would always need to seek Court of Protection approval for any gifts …
Continue reading "Capacity: Size matters"
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Geoffrey Shindler is perplexed by divergent approaches in major judicial decisions ‘The solicitor got it wrong in Marley v Rawlings and the trustees got it wrong in many of the “Hastings-Bass” cases. So why in one set of cases are the judges prepared to be, shall we say, lenient and in the other cases strict?’Very …
Continue reading "Musings From Manchester: Taking a view"
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Mark Pawlowski examines to what extent it is possible to make a deathbed gift of land ‘The handing over of keys to the house… may be capable of evidencing the passing of dominion over it because, although keys do not represent ownership of the property, they nevertheless constitute the physical means of obtaining possession.’ Essentially, …
Continue reading "Deathbed Gifts: Keeping control"
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Roadchef is a straightforward application of Hastings Bass to an EBT, finds Marilyn McKeever ‘This sorry tale is a reminder to the trustees of employee benefit trusts, pension schemes and, indeed, family trusts that they have onerous duties which they must exercise in the interests of their beneficiaries.’ In the case of Roadchef (Employee Benefit …
Continue reading "Trusts: Trust comes first"
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Ailsa Moorhouse sets out a case that upholds a person’s right to leave their assets to whoever they choose ‘For the estimated one third to one half of the adult population in England and Wales who have made wills, the case of The Vegetarian Society is important, being, as it is, up-to-date evidence and reassurance …
Continue reading "Testamentary Capacity: Eccentricity allowed"
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Graeme Nuttall OBE sees employee ownership trusts as the perfect succession solution ‘EOTs will deliver benefits to selling shareholders, the employees that work in the company or group controlled by the EOT and should help the UK economy by creating successful long-lasting businesses.’ Too many owner managers have overlooked employee ownership as a business succession …
Continue reading "Trusts In Business: Neat"
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