March 2022 #231 – Law Journals

Musings from Manchester: Covering all the bases

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Judgments have become longer. Geoffrey Shindler examines why I am sure it has always been the case that there have been disputes over who did what for whom and why and what was promised to the children, and which never materialised in fact but did materialise in argument and litigation. The older I get (and …

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Court of Protection: When relationships break down

Kambli indicates that the Court of Protection will explore alternative measures before agreeing to a deputy’s application to be discharged. Alex Cisneros discusses the court’s approach and its effect Discharging a deputy is not a step that would be taken lightly and professional deputies should not expect to step aside merely because they consider it …

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Equity, volunteers and unconstituted trusts: Certainty of subject matter

Mark Pawlowski considers whether a volunteer can enforce a promise to settle property Fletcher highlights the difficulty in any particular case in determining whether or not there is an intention to create a trust of the promise. In most cases the requisite intention will be absent and, therefore, will prove fatal to the existence of …

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Constructive trusts and estoppel: Is my word my bond?

When can informal agreements give rise to a constructive trust or estoppel? Sarah Bolt looks back at the decision in Culliford It does appear that the courts are taking a more liberal approach to the cases that come before them, particularly within modern cases where there are more and more people cohabiting and making informal …

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Claims by adult child beneficiaries: Is there any hope after Miles v Shearer?

Amanda Noyce reviews the latest cases under the 1975 Act and summarises the lessons on funding such claims With regard to adult able-bodied children, there is a need to ‘prove something more’ than just the qualifying relationship. ‘Where there’s a will, there’s a way’ is a great self-motivational message – until there’s an inheritance involved. …

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Fiduciary obligations and constructive trusts: Attribution of illegality

Joseph de Lacey and Natasha Molson analyse the Supreme Court’s decision in Crown Prosecution Service v Aquila Advisory Ltd The court confirmed the approach as set out in Jetivia, namely that in proceedings by a company against its directors for breach of fiduciary duty, the fraud of the directors could not be attributed to the …

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Executors: When profession counts

Catherine Pugsley and Laura Southern report on executors’ misplaced reliance on charging clauses The issue of the case was whether an executor, who was involved in a profession or business which was ‘unrelated to the administration of trusts or estates’, could rely on the professional charging clause. It is generally held that the job of …

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