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Mark Pawlowski looks at the duties of a solicitor advising a spouse who may be at risk of being influenced into charging their interest in the family home as security for their spouse’s indebtedness The solicitor’s task in providing independent advice should not be viewed as purely a formality or a charade. They should obtain…

Proprietary estoppel: What to expect

David Wilkinson considers the implications of the Supreme Court decision in Guest The court’s task is to do justice ‘in the round’, including to any third parties, and with reference to whether the proposed remedy (if conferred by the promisee) would be unconscionable or not. More than ten months in the making and running to…

Cohabitation: No further forward

Daisy Minns Shearer and Emma Williams review the remedies currently available for cohabitants and recommendations for reform Reflecting on the efforts that have been made to reform this area can be frustrating, but when cohabitants’ rights on separation or death have been reviewed over the last 20 years, similar principles have emerged. Campaigners have been…

Schedule 1: Welfare widely construed

Rebekah King and Emma Whitehead discuss the approach to liabilities and childcare costs in high-net-worth Sch 1 cases In the context of a Sch 1 application claw-back orders as to costs are unusual, but are eminently within the discretion of the judge in the circumstances of the case. In G v W [2022], the key…

Surrogacy: A new legal direction?

Sacha Lee examines the current surrogacy framework and the potential reforms that may follow Law Commission recommendations The aim of the Law Commission's proposals is to protect both the surrogate’s right to consent and her right to object by implementing formal requirements. They are designed to ensure that the parties are completely aware and informed…

Financial planning: Taking care of the pennies

Sean Hilton and Peter Turnbull highlight how using cash-flow modelling can assist separating couples Cash-flow modelling can help parties to understand what is reasonably achievable from the assets and income available to them. The use of cash-flow modelling is becoming ever more common and the trend suggests that it is no longer reserved just for…

Musings from Manchester: A goodbye to our readers

O T

In his closing article for TELTJ, Geoffrey Shindler looks at the future of the inheritance tax system and bids farewell to his readership If discretionary trusts are to be a part of our legal scenery, in a sensible and rational way, which is entirely what the position is not at present, the Inheritance Tax Act…

Executors: Do not pass go

A recent High Court decision to impose a custodial sentence on an executor is a warning to lax executors and administrators of estates everywhere. Laura Abbott discusses Totton This case is a stark reminder of the duties of an executor and the significant consequences of a failure to comply with them. An executor’s duties are…

Proprietary estoppel remedies: Expectation and acceleration

Natasha Dzameh examines the lessons from the Supreme Court’s judgment in Guest, which looked at the pivotal question of remedies The court cannot give a claimant more than the promised expectation whether by way of the amount or accelerated receipt. Where acceleration occurs, a discount must be built in to reflect the early receipt. The…

Offshore: Deed of gift set aside on account of a fundamental mistake

Royal Court of Jersey case Re B & C clarifies the principles for setting aside a disposition of assets into a nominee arrangement on the ground of donor’s mistake. Paul Matthams explains In applying the relevant test, it was still a requirement for the court to be satisfied that the donor or settlor would not…

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Undue influence: On the side of caution