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Siân Hodgson finds Pinnock v Rochester settles the question of whether a 1975 claim excludes a further claim challenging the validity of the will ‘In principle, if a claim has already been pursued by a claimant under the 1975 Act and has been successful, that claimant is not necessarily precluded from bringing subsequent proceedings to …
Continue reading "Wills: Reserving the right"
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Geoffrey Shindler resolves to make the private client world a better place to practise ‘What I pay is an exorbitant amount of tax; what another pays is an outrageously small amount of tax considering their income and wealth. Is all fair in tax and legislation?’ I understand that it is traditional at this time of …
Continue reading "Musings From Manchester: New year, new rules?"
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Sukhninder Panesar considers whether s57 of the Trustee Act 1925 extends beyond variation of the management functions of a trust ‘The courts can use s57 of the Trustee Act 1925 to apportion trust funds or otherwise bring forward the timing of the distribution of trust funds provided that it is expedient to do so and …
Continue reading "Section 57 Trustee Act 1925: The extent of expediency"
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The attempted sale of Shakespeare’s folios highlights the difficulties of securing a benefactor’s wishes down the years. Edward Rowntree considers the options ‘In the context of small-scale bequests and items that do not have significant value, it is hard to see obvious practical ways in which to ensure that the intentions of the benefactor are …
Continue reading "Bequests: More honoured in the breach?"
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Ailsa Moorhouse provides a succinct summary for practitioners ‘The new Bill makes a number of changes, set out in its Schedule 2, to the 1975 Act, many of which potentially increase the number of claimants as they extend the circumstances in which claims can be made.’ The first reading in the House of Lords of …
Continue reading "Inheritance And Trustees: Good news for spouses"
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Sam Macdonald and Elizabeth Jones examine the updated Charity Commission guidance on public benefit ‘It is clear that the government sees attempting to draw up a statutory definition of public benefit as being no easy solution, given the range of charitable purposes that exist.’ New public benefit guidance was published by the Charity Commission in …
Continue reading "Charity Law: Concise and clear"
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Williams v Wilmot indicates key factors the court will take into account when considering lack of capacity. Sharon Kenchington explains ‘A token medical report from a doctor who has only met the deceased in order to produce a report on their capacity is unlikely to be persuasive if there is detailed evidence to the contrary …
Continue reading "Capacity: Quality of evidence"
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Fox v Jewell gives an indication of the appropriate procedure practitioners should follow when dealing with a multi-stranded claim. Malcolm Warner reports ‘In cases where there are proprietary estoppel claims mixed in with testamentary capacity and some long running history, then the overall context may inform the court’s view on any particular way the claim …
Continue reading "Wills: Familiar farming saga"
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Jennifer Seaman sets out the lessons to be learned from Re Hampel Discretionary Trust ‘It is important to get clear evidence as to the intentions of the parties to the trust deed or settlement up to the date of the deed or settlement and at the time the deed or settlement was executed.’ The remedy …
Continue reading "Rectification: A case of doubt"
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Filippo Noseda examines new reporting obligations for trusts in Italy ‘Over the next few months, many foreign trustees will feel the pressure to migrate their trusts to Italy, eg by appointing an Italian co-trustee or by resigning in favour of an Italian trustee.’Since the English aristocracy established the custom of the Grand Tour in the …
Continue reading "Italy: What professional trustees and beneficiaries need to consider"
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