Scottish property law: Community ownership compared

Morton Fraser LLP | Property Law Journal | October 2022 #401
In the first of a series of articles setting out some key differences between the jurisdictions, Sally Anthony considers community rights to buy and transparency of ownershipThese rights to buy demonstrate the Scottish government's stated priority to promote and encourage community ownership, based on their belief that it helps to address inequalities in land ownership.…

Dear Prime Minister: A planning and environmental wish list

Irwin Mitchell LLP | Property Law Journal | October 2022 #401
After a summer of hustings, debates and garden party faux pas, a new Prime Minister is now finally in Number 10. Nicola Gooch and Claire Petricca-Riding provide a mini planning manifestoThe country urgently needs to find local and reliable alternatives to imported gas and oil reserves. We do not have the luxury of time. Pinning all our hopes…

Guest editorial: When perpetuity is surprisingly brief

BDB Pitmans | Trusts and Estates Law & Tax Journal | October 2022 #237
Hugo Smith outlines the reasons for updating and streamlining the variation of trusts process Many trustees and beneficiaries are realising that the end of their perpetuity period is, in generational terms at least, only just round the corner and are looking to do something about it. ‘One down, and on to the next,’ said the…

Burial disputes: Cohabitees on the back foot

Shoosmiths LLP | Trusts and Estates Law & Tax Journal | October 2022 #237
Laura Abbott examines a case that provides a useful summary of the current approach to a dispute over the deceased’s final resting place The deceased cannot bind their personal representatives as to how their body should be disposed of, but of course the wishes of the deceased are important and should be taken into regard.…

Powers of attorney: Creating the bulletproof LPA

Landmark Chambers | Trusts and Estates Law & Tax Journal | October 2022 #237
The Public Guardian v RI provides welcome clarity of the criteria for determining capacity for the purposes of s22(2)(a) of the Mental Capacity Act 2005. Katharine Elliot explains Poole J’s judgment clarifies both the evidence which should be provided to the Court of Protection in determining a s22 MCA 2005 application and the relevant information…

Trusts: Time for a new approach?

Farrer & Co | Trusts and Estates Law & Tax Journal | October 2022 #237
Alicia Tan reports on a case that confirms the Chancery position on jurisdiction over foreign trusts The effect of Chellaram is to give the English courts a broad remit to intervene in the administration of foreign trusts by way of the in personam jurisdiction. The recent case of Heslop v Heslop [2021] has once again…

Trustees and sanctions: Where angels fear to tread?

Baker & Partners | Trusts and Estates Law & Tax Journal | October 2022 #237
James Sheedy sets out the position for trustees concerned about falling foul of sanctions It is very difficult to see how (given the combined scope of the application of EU and UK sanctions to EU and UK citizens) there will be anyone left in places like Jersey able to administer structures that have a Russian…

Wills: Proving missing wills

Wright Hassall Solicitors | Trusts and Estates Law & Tax Journal | October 2022 #237
The testimony of parties who have nothing to gain from proceedings can help to prove a will. Katie Alsop highlights practical points for contentious probate practitioners arising from a recent case Not only is this case a useful reminder for practitioners to reacquaint themselves with the detail of s9 of the Wills Act 1837, in…

Fraudulent calumny: Setting aside wills obtained by lies

Sir Oswald Cheung’s Chambers | Trusts and Estates Law & Tax Journal | October 2022 #237
Ken To and Catherine Hau explore the success of challenges to wills based on fraudulent calumny in recent English jurisprudence It was not necessary for the party seeking to establish fraudulent calumny to prove that it was the only cause of the change in the testator’s intentions as to his or her testamentary dispositions. It…

Al Assam & ors v Tsouvelekakis [2022] WTLR 787

Autumn 2022 #188

The claimants were the Dubai-resident settlors and beneficiaries of two Cyprus-law trusts and two trust-owned companies incorporated in Panama and the British Virgin Islands. The trustee of both trusts was a Cypriot company, controlled by directors also resident in Cyprus. The defendant gave investment advice to the trustee. On the defendant’s advice, substantial trust funds were invested in two Cypriot telecommunications companies carrying on business in Greece in which the defendant was alleged to have some involvement.

From at least 2016 the defendant was resident in England. I...