September 2019 #209 – Law Journals

Musings from Manchester: Evolution or revolution?

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Geoffrey Shindler challenges current assumptions about the purpose and application of inheritance tax ‘To my mind there must have been a significant shift in public, social and political thinking to move so far on what is an issue of major principle.’ It is a strange world in which we live and all the stranger to …

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Trusts: Who owns what?

Mark Pawlowski examines recent case law on resulting trusts, the presumption of advancement and joint borrowing under a mortgage ‘The court reiterated the view, expressed in Gorman, that prima facie, if the purchase is financed in whole or in part on mortgage, the person who undertook liability for the mortgage repayments, as between joint owners, …

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Contested wills: Beware cultural conventions

The unusual success of an undue influence claim overturning a will and lifetime transfer sheds light on best practice when dealing with clients who do not speak English. Aidan Briggs explains ‘The importance of a language barrier cannot be overstated in relation to the giving of instructions and the taking of advice.’ Cases where the …

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Charities: Tainted gifts

What should charity trustees do when they cannot even give money away? Josh Lewison discusses ‘If the point of the charity is to improve the public standing of the Lecter family, and it can no longer achieve that goal, then there may be nothing to be gained by continuing.’ A number of recent news items …

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Anti-money laundering: Legislation with a ‘chilling’ effect

Mark Dunster and Simon Florance consider lessons from the first private law action brought in the Guernsey courts by a person denied access to assets as a result of a suspicious activity report (SAR) ‘Although Liang is the first decision on a private law action of its kind in Guernsey, no doubt there are many …

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The 1975 Act: The finest of balances

Laura Abbott explores whether ADR should be compulsory in Inheritance Act cases ‘The judge felt that she could not be certain that the intention of the CPR was to impose ADR on parties who do not consent and so she held that the High Court does not have the power to order it.’ An Inheritance …

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Undue influence: Reform needed?

Emily Exton and Rebecca Welman provide a summary of recent undue influence cases and outline their relevance for practitioners ‘It is long established that mere persuasion of the testator which results in a change of mind will not amount to undue influence.’ English law distinguishes between undue influence in the context of lifetime gifts and …

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