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The court’s approach in Smith v Cooper sheds light on presumed undue influence in the case of cohabitation, as Anna Clarke relays ‘In circumstances where an actual agreement between the parties is vitiated by undue influence and consequently avoided, it is not proper or possible to impute the same, or virtually the same, agreement to …
Continue reading "Undue Influence: Practical justice"
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Sian Hodgson outlines a case that clarifies the standard of proof required to ‘prove’ a missing will ‘Given the nature of the claim, there was very little by way of documentary evidence and the court therefore had to take a view very much based on witness evidence.’It is generally accepted that, as a matter of …
Continue reading "Wills: Good Will Hunting"
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Joseph Jaconelli finds Constructive and Resulting Trusts an invaluable guide for practitioners This volume consists of 12 essays: six each on constructive and resulting trusts. Its origins are in a conference held in April 2009 at King’s College London. There already exist specialist treatments of the two types of trust in question: Oakley’s Constructive Trusts, …
Continue reading "Book Review: Collective thinking"
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Christopher Kerr-Smiley sets out the powers and duties of bare trustees ‘The duty to preserve trust property may require bare trustees to continue legal proceedings that are ongoing at the time they become trustees, as demonstrated by CGU Insurance Ltd v One.Tel Ltd (in liquidation) [2010].’All trusts can be categorised as either special or simple. …
Continue reading "Trustees: Bare necessities"
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Paul Whitehead muses on the political influences affecting tax policy in the UK ‘What was done to the inheritance tax regime, by effectively introducing a 20% up-front inheritance tax charge on the settlement of virtually all new trusts, has almost curtailed the use of trusts for UK domiciliaries other than in exceptional cases.’There is a …
Continue reading "Opinion: Fair tax?"
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Antoaneta Proctor outlines the facts and ramifications of Pitt & anor v Holt & anor ‘In Pitt & anor v Holt & anor Lloyd LJ reached a conclusion that what has become known as the rule in Hastings-Bass is actually not a correct statement of the law.’ Can a receiver of a patient whose offices …
Continue reading "Trustees: Unanticipated outcomes"
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Mark Pawlowski asks whether a spouse or unmarried partner can acquire a beneficial share in property by relying on the owner’s informal declaration of trust ‘Although an isolated loose conversation will not be enough to uphold a valid declaration of trust (see Jones v Lock [1865]), the repetition of words by the owner, especially in …
Continue reading "Declarations Of Trust: Taking someone at their word"
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Nadia Cowdrey sets out the lessons to be learned from Beard v Shadler, in which the intention behind the whole will was analysed to avoid a partial intestacy ‘ Beard provides a good illustration of the need to consider the will, read as a whole, when matters of construction arise and that the outcome of …
Continue reading "Wills: An extension of words"
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Marilyn McKeever, Jeffrey Gould and Suzanne Willis analyse the interaction between UK and US tax, and how to plan best for clients ‘US citizen and resident alien transferors are allowed a lifetime exemption from tax on gifts (over and above the annual exempt amounts) aggregating $5m.’The British and the Americans are two nations divided, not …
Continue reading "UK/US Estate Planning: A window of opportunity"
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In the light of the Law Society’s recent practice note, Kirstie McGuigan considers what you should tell your client before being appointed as an executor ‘The 17 March 2011 practice note is not legally binding, but it provides a platform, and those solicitors who choose to ignore the guidance do so at their peril and …
Continue reading "Probate: Practice makes perfect"
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