September 2015 #169 – Law Journals

Trusts: Following in the footsteps of Schmidt

Keith Robinson discusses a case concerning the disclosure of information to beneficiaries and the role of the protector ‘The Court of Appeal pointed out that the decision of whether or not to make disclosure under clause 9.2 is that of the trustees and not the protector (who only has a power of consent).’It is now …

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Executors: Keep tabs

Oliver Auld and Tamasin Perkins consider Birdseye v Roythorne & Co [2015], which concerns the waiver of privilege by executors ‘Where privileged documents have been disclosed in error and inspected, the general rule is that it is too late to seek injunctive relief preventing the parties from relying on them.’The decision of the High Court …

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Court Of Protection: Hard choices

Zahra Kanani looks at the lessons to be learned from NHS Foundation Trust v Mrs X [2014], which marks a shift in the court’s attitude to ‘the right to life’ ‘The decision-maker must look at the welfare of the individual concerned in the widest sense; the decision-maker should take into account not just medical factors …

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Trustees’ Powers: Expanding the scope

Re Portman Estate [2015] provides useful pointers on modernising a trust. Georgia Bedworth reports ‘Where powers are more restrictive than might be found in a modern settlement, s57 Trustee Act 1925 is a means by which trustees can update their administrative powers to allow adaptation to modern circumstances.’ Most settlements are designed to be long-term …

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Musings From Manchester: Value judgment

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Ilott v Mitson raises profound moral issues. Geoffrey Shindler explains ‘Parenthood comes with various rights and duties. Does it come with an overriding duty to make provision for your child with whom you have had no contact for 26 years before your death?’ Law and morality. This is a subject to which we do not …

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Wills: One step, two step…

Araba Taylor examines Re Butcher [2015], a case that puts the principles of Gill v Woodall into practice ‘The single test comes into its own where the court has enough facts, expert opinions and other evidence to enable it to make findings as to how the will was prepared and/or executed.’ Before the CA decision …

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Digital Assets: Staying ahead

James Ward gives an update for practitioners on the management of digital assets ‘This article should be treated as a timely warning to practitioners about what they should be doing in relation to digital assets owned by their clients and the issues they must consider.’ Digital assets are all around us. It is almost impossible …

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