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In his concluding article David Schmitz discusses the legal position for charitable trustees faced with a gagging clause ‘If a charity was to bind itself thus, its trustees would necessarily and improperly be fettering the powers which they possess for the advancement of the purposes of the charity, and would be committing the charity to …
Continue reading "Charities: Power to voice?"
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In the first of two articles David Schmitz examines whether gagging clauses are enforceable against charities ‘There is now a serious concern that when it comes to hiring voluntary organisations to provide services on behalf of the government, these organisations are coming under pressure to hold back from criticising the government and its policies, as …
Continue reading "Charities: Threat to independence?"
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Jo Summers and Romaine Snashall review Wills and Inheritance Quality Scheme Toolkit The Wills and Inheritance Quality Scheme Toolkit (the Toolkit) is not your average book. The Toolkit is an integral part of the Wills and Inheritance Quality Scheme (WIQS), which was launched on 5 July 2013. WIQS is the Law Society’s new quality standard …
Continue reading "Book Review: Useful practice management tool"
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Mark Harper and Will MacFarlane discuss M v M, which has lessons on attacking real estate held by offshore companies ‘Both Prest and M v M are examples of the Family Division having to apply complex principles of property law.’ For those who advise clients as to how to structure the purchase of UK real …
Continue reading "Trusts And Divorce: Striving for a fair result?"
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Geoffrey Shindler has an unwelcome springtime message for the post-baby-boomers ‘The first estate you have to plan is your own. Living longer means neither more happiness or more wealth. It simply means more expense.’ How sorry should we feel for people born at ‘the wrong time’? What is the wrong time you might ask? Well …
Continue reading "Musings From Manchester: Estate planning starts with the planner"
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Michael Wells-Greco and Philippa Turner give the lowdown on what to consider when advising clients on same-sex marriage ‘In a broad range of major issues, such as the rights and responsibilities during marriage and the financial consequences of divorce and dissolution, English law treats spouses and civil partners alike.’ Historically in this country a legally …
Continue reading "Same-Sex Marriage: A practical guide"
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Tchenguiz-Imerman v Imerman [2013] highlights the tensions between courts of different jurisdiction, despite the principle of comity. Richard Tambling reports ‘The judge accepted that the interests of comity have a powerful place in cases involving offshore trusts when the English courts will often depend on the trusts’ home courts for assistance.’ This article considers what …
Continue reading "Jurisdiction: Tug of war"
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Giles Richardson looks at the current approach of the English courts to trusts arising in commercial contexts ‘The practical effect of a Re Benjamin order in commercial trust contexts will often be practically to extinguish all claims that tardy beneficiaries have.’ This article considers the High Court decisions in Re MF Global [2013] and Re …
Continue reading "Commercial Trusts: Pragmatism prevails"
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Philip Youdan provides an update on Page v Hewetts ‘Page v Hewetts [2013] demonstrates clearly that the burden lies with the party bringing the proceedings to show that, on the balance of probabilities, the papers have been received at court.’ The case of Page v Hewetts [2013] involved allegations of dishonest conduct by a solicitor …
Continue reading "Limitation Act: Recorded delivery?"
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Geoffrey Shindler considers how the court dealt with will and trust disputes in 1914 ‘Despite the fact that people have been dying ever since they were born and that trust law in this country is probably 700 years old, we were (and still are) finding problems that the law has not previously resolved.’We are going …
Continue reading "Musings From Manchester: Plus ça change"
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