May 2015 #166 – Law Journals

Trusts And Divorce: Family divided

Divorce case Arif v Anwar and Rehan [2015] raises interesting points on beneficial ownership and also costs, as Penelope Reed QC and Nicholas Fairbank report ‘There are no winners when the overall assets are reduced so significantly by the legal costs that adequate provision for the parties is circumscribed.’ In Sofia Arif v Arif Anwar, …

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Book Review: A thoroughly modern read

Jo Summers reviews the new edition of Parker’s Will Precedents The introduction to Parker’s Will Precedents opens with the sentence: The drafting of a will is one of the most underrated services offered by legal professionals. It is a much-loved publication now in its 8th edition and with new authors. The book’s preface clearly sets …

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Jersey: Reducing exposure

Robert Gardner looks at how Jersey trustees should avoid a breach of duty when faced with the risk of tax liabilities, with reference to the Onorati Settlement ‘Trustees should, as a minimum, ensure tax advice is received (and reviewed by the trustee) when transactions with possible tax exposures are entered.’ Jersey trustees have received little …

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Musings From Manchester: Slow and steady wins the race

As Parliament hastens to wrap up business before the election, Geoffrey Shindler advocates a careful, considered pace ‘Will there be problems arising from the hurried passage of the first Finance Act of 2015 and would those problems have been avoided without the demands of the parliamentary schedule?’We must all be grateful that we live in …

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LPAs: Unfair care?

Justin Holmes examines Re OB, The Public Guardian v AW, which sheds light on when LPA attorneys can and cannot use their principal’s funds to improve their own properties ‘Disconnection between the expectations of family members on the one hand, and the law of undue influence on the other, is a fertile source of litigation …

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Mistake: Fault lines

Kennedy v Kennedy [2015] expands the horizons of the doctrine of mistake. Steven Kempster and Sarah Aughwane explain ‘If a trustee makes a causative mistake of sufficient gravity, the transaction is voidable even if the mistake is as to the tax consequences.’ Two years ago the Supreme Court heard the joined appeals in Pitt v …

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Beneficial Interests: When equity is not equality

Sarah Haren explores the lessons from Graham-York v York [2015] on the quantification of beneficial interests in the family home ‘The court’s task is to work out what shares would be fair having regard to the whole course of dealing between them in relation to the property.’The Court of Appeal’s decision in Graham-York v York …

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Charities: What is a charity?

Simrun Seehra analyses the impact of The Human Dignity Trust v The Charity Commission for England and Wales [2013] ‘The litigation supported and conducted by the trust was not an attempt to change the law, but rather it was directed at ensuring the interpretation and enforcement of superior constitutional rights.’ The Charity Commission’s decision to …

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