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Singellos v Singellos marks an important extension of the Parker v Feldgate principle into lifetime gifts, explains Susi Dunn ‘The test for mental capacity to enter into a lifetime transaction is issue-specific: the degree of understanding required depends on the nature and complexity of the transaction in question.’In the summer of 2010, the High Court …
Continue reading "Lifetime Gifts: The timing of execution"
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Paul Davies finds Carl Islam’s Tax-Efficient Wills Simplified an excellent summary for practitioners T ax-Efficient Wills Simplified is intended to be a practical guide to an area of law that many people may find confusing or worrying: how to write a good and effective will that will ensure the maximum benefits to the testator’s heirs. …
Continue reading "Book Review: A thorough and concise read"
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A recent Canadian case confirms the UK position on the scope of fiduciary obligations, as Suzana Popovic-Montag and Sarah Halsted report ‘Most significantly, the court in Galambos v Perez conceptually analysed the nature of fiduciary obligations and concluded that it is not the case that all power-dependency relationships are fiduciary in nature.’In Galambos v Perez …
Continue reading "Fiduciary Duties: Acknowledgement is key"
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Geoffrey Shindler ponders the modern means by which we acquire knowledge ‘Is it any wonder that there is more and more litigation surrounding professional negligence? I know that the professional insurers want to reduce this, hence both the amount of information they require and the cost of the premium.’ How much more can we take? …
Continue reading "Musings From Manchester: Overwhelmed by information?"
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Katherine Harper examines Chisholm and Ashcroft, two recent cases concerning rectification ‘Rectification is a discretionary remedy whereby the court will correct a written instrument, which does not accord with the parties’ true intentions at the time of its making.’The two recent cases of Chisholm v Chisholm [2011] and Ashcroft v Barnsdale [2010] concern applications to …
Continue reading "Rectification: Tax planning and deeds"
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The Starglade case casts light on the meaning of dishonesty in the context of accessory liability, as Mark Pawlowski discusses ‘In Twinsectra Ltd v Yardley [2002], the majority of the House of Lords concluded that dishonesty also required a dishonest state of mind. This approach, however, was rejected by the Privy Council in Barlow Clowes …
Continue reading "Breach Of Trust: Dishonest or unconscionable?"
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The case of Kings v Bultitude has lessons for the failure of a residuary gift as well as casting light on a colourful part of church history, as Barbara Rich finds out In early January 2008, Mrs Pamela Schroder died and left the residue of her estate:To the person who… shall be or act as …
Continue reading "Charitable Gifts: An episcopal from Acacia Road"
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Penelope Reed QC introduces an issue devoted to articles by the barristers of 5 Stone Buildings The members of 5 Stone Buildings are delighted to be back writing for this edition of the Trusts and Estates Law & Tax Journal. Last year proved to be a fertile source of articles with members of chambers involved …
Continue reading "5 Stone Buildings: A quick catch up"
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Penelope Reed QC and William East look at the removal of trustees ‘The exercise of the court’s jurisdiction to remove trustees is not dependent on some finding of misconduct or breach of trust; other conduct can also suffice provided that the continuance of the trustee would prevent the trusts being properly executed.’When faced with trustees …
Continue reading "Trustees: Making the break"
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Ruth Hughes reviews case law to present the up-to-date position on presumed undue influence ‘In addition to a relationship of influence, in order for the presumption of undue influence to apply to a transaction, the transaction must be such that it “calls for an explanation”.’Equity protects so that injustice may not be perpetrated. In the …
Continue reading "Presumed Undue Influence: When advice is neither necessary nor sufficient"
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