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Geoffrey Shindler calls for a balanced view on trusts What we are short of is a press campaign that will balance the stories about trusts so that the good side is told as well as, perhaps, the not so good side. The newspapers, and indeed all the media, are full of items about Ukraine, hardly …
Continue reading "Musings from Manchester: The value of trusts"
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NFTs, digital assets and the metaverse: Anita Shah looks at the impact for trustees and estate planners The decentralised nature of the asset ownership of cryptocurrency and NFTs can lead to practical difficulties for personal representatives dealing with an individual’s estate upon their death. The world of investing and the elements of a new digital …
Continue reading "Digital assets: Future-proofing your digital investments"
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The most recent appeal in Rea v Rea has lessons on the procedure to be adopted in helping unrepresented parties present their case at trial in probate claims, a scenario which is becoming more and more common. Lewis Addison explains The judges considered the error made was such that a retrial was necessary, even though …
Continue reading "Probate claims: Caution advised when ‘assisting’ litigants in person"
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Nick Williams, James Angus and Matthew Davies discuss a sham trust case that raises pertinent points for both practitioners and trustees Even a trustee who is recklessly indifferent to the intentions of the settlor must, independently, have a positive intention to mislead third parties. In its judgment in Cohen and Crooks as Joint Administrators of …
Continue reading "Offshore: The test for sham trusts"
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Daniel Scott analyses a civil fraud case that may serve as a precursor for similar cases in the private client sphere on the misappropriation of cryptocurrencies The concession made in this case is to favour the trust analysis such that it is now relatively uncontroversial to view cryptocurrencies as property capable of being held on …
Continue reading "Cryptocurrencies and trusts: Watch and learn"
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Peter Walker examines whether the case of Chandler v Lombardi advances our understanding on what gifts an attorney can make under an LPA If any gifts do not fully comply with the conditions and have not been specifically approved by the Court of Protection, then they are void as opposed to voidable, and therefore recoverable …
Continue reading "Lasting powers of attorney: The scope of gifts"
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Hal Branch reports on a case that establishes that there is no right of set-off for unpaid debts against 1975 Act awards and also takes the stance ‘no costs certificate, no payment’ The Deputy Master found that Cherry would only apply in respect of s2 of the 1975 Act where a claimant in a 1975 …
Continue reading "Costs: The end of Cherry v Boultbee"
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Judgments have become longer. Geoffrey Shindler examines why I am sure it has always been the case that there have been disputes over who did what for whom and why and what was promised to the children, and which never materialised in fact but did materialise in argument and litigation. The older I get (and …
Continue reading "Musings from Manchester: Covering all the bases"
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Kambli indicates that the Court of Protection will explore alternative measures before agreeing to a deputy’s application to be discharged. Alex Cisneros discusses the court’s approach and its effect Discharging a deputy is not a step that would be taken lightly and professional deputies should not expect to step aside merely because they consider it …
Continue reading "Court of Protection: When relationships break down"
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Mark Pawlowski considers whether a volunteer can enforce a promise to settle property Fletcher highlights the difficulty in any particular case in determining whether or not there is an intention to create a trust of the promise. In most cases the requisite intention will be absent and, therefore, will prove fatal to the existence of …
Continue reading "Equity, volunteers and unconstituted trusts: Certainty of subject matter"
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