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Interpreting wills is not a question of dictionary definitions. Elis Gomer examines a case that underscores this principle It is unhelpful to stick too dogmatically to the ‘dictionary’ meaning of a word or term when there is a likelihood that it is being used – for whatever reason – in an unconventional way. The recent …
Continue reading "Will construction: Context is key"
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Geoffrey Shindler gives his verdict on 2021 Someone has to take a stand as to what is and is not acceptable in a modern-day western, civilised society. To misquote George Orwell, and to be guilty of very bad grammar, ‘All years are unique, but some years are more unique than others’. What are we to …
Continue reading "Musings from Manchester: That was the year that was"
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Sismey v Salandron illuminates the risks to a party attempting to hold an estate to a lifetime contract that property would be left to them, or to anyone seeking to unbind the estate from the ties of such a contract. Imogen Halstead discusses While the court has previously discussed the possibility of collusive divorce settlements …
Continue reading "The 1975 Act: Contracts to leave property by will"
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Paul Willan outlines a case which shows the importance of executors understanding to whom they owe their obligations The problem was that the executors were confusing their obligations to the estate with their obligations to the discretionary beneficiaries. Practitioners will be aware that family arguments are often the most difficult of cases, whether the context …
Continue reading "Probate: Pride and prejudice"
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Natasha Dzameh reviews the High Court’s decision to seal the will of His late Royal Highness Prince Philip In determining whether the will and other probate documents would be open to inspection, the public interest issue would likely be determinative. The sovereign’s will need not be proved by a grant of probate. However this is …
Continue reading "Wills: Sealing royal wills – justifiable secrecy?"
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Sophia Rogers looks at a decision illuminating the position on the recovery of CFA success fees in Inheritance Act 1975 awards Unless a CFA-funded claimant can recover their success fee or a contribution thereto as part of their award, the success fee constitutes a debt which may undermine the purpose of their carefully tailored, needs-based …
Continue reading "Inheritance: What is financial need?"
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A recent case underscores the criteria required to make out a case for mistake as a ground to set aside a trust. Rowan Cope explains A key element of the test for mistake is whether the claimant accepted the risk that the scheme may not work. In Dukeries Healthcare Ltd v Bay Trust International Ltd …
Continue reading "Mistake: Ignorance is not bliss"
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Timothy Sherwin takes a closer look at the evolving role of protectors While a protector may be an office created by an individual trust instrument, it is not, unlike the office of trustee, a general role about which sweeping generalisations can easily be made. The role of protectors in trusts, especially but not uniquely in …
Continue reading "Protectors: The watchdog"
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Succession and tax are interlinked. Geoffrey Shindler makes the case for reviewing the underlying principles behind both when considering change Would it not be a good idea to deal with tax and succession at the same time as the two are inherently closely interlinked? I set out below something I have recently read with interest. …
Continue reading "Musings from Manchester: What do we want?"
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Richard Smaller and Francis Ng examine accounting on a footing of wilful default, with reference to Re Cadogan Claims for an account on a footing of wilful default are rare. HHJ Klein’s judgment in Re Cadogan, however, shows that there remain cases where the jurisdiction is relevant. This article concerns the long-running case of Re …
Continue reading "Administration of estates: A long-running saga"
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