Continue reading "Duty of care: Terms and conditions apply. Or do they?"
Dorey & ors v Ashton [2024] WTLR 121
Wills & Trusts Law Reports | Spring 2024 #194The plaintiffs were three of the four children of the deceased, who died in 2015. They contended that the deceased lacked capacity when making wills in 2004. Instructions for the wills had been taken by the defendant, who had prepared them and supervised their execution. Had the wills not been made, the deceased’s estate would have passed to the plaintiffs and their sibling, subject to a life interest in realty for the deceased’s widow; the effect of the wills was to confer on the widow additional benefits. Following the death of the deceased, the plaintiffs and their sibling challenged ...
Duty of care: Not responsible?
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Duty of care: Claims against the police post Robinson and DSD – part one
Continue reading "Duty of care: Claims against the police post Robinson and DSD – part one"
Duty of care: Can you run in school?
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Duty of care: Finding fault
Continue reading "Duty of care: Finding fault"
Duty of care: It‘s a fair cop
Continue reading "Duty of care: It‘s a fair cop"
Herring v Shorts
Wills & Trusts Law Reports | September 2016 #162The deceased (J) died on 2 June 2012, a widow with no children or close relatives. On 8 November 2011 J executed a will (the will) drafted by a solicitor (W). She made a number of pecuniary legacies including legacies of £54,000 each in favour of the claimants.
An employee of the defendant, (S), had been J’s financial advisor since 2000. In 2011, prior to executing the will and acting on S’ advice, J formed two trusts in the claimants’ favour to mitigate inheritance tax payable on her death. One was a discretionary trust naming the claimants sole discretionary b...
Worthing & anr v Lloyds Bank plc [2015] EWHC 2836 (QB)
Wills & Trusts Law Reports | January/February 2016 #156The claimants had been customers of the defendant bank since 2000. Following the sale of their business in September 2006 for £5m, their bank manager arranged an introduction to the defendant’s Mayfair banking service, which was the division providing banking services to ultra-high-net-worth individuals for the purpose of receiving advice regarding the investment of the proceeds. The defendant sought information about the claimants’ financial circumstances and asked a series of questions designed to identify their appetite and capacity for risk. The defendant then produced a ...
Bayley & ors v SG Associates & ors [2014] EWHC 782 (Ch)
Wills & Trusts Law Reports | October 2014 #143Mr John Bayley settled property on trust on 17 November 1983. He died in 1987. The trust was established with the assistance of the settlor’s longstanding business associate and friend, Mr Derek Gray, who provided various services to the trust through the first defendant, SG Associates (SGA), a company of which he was a director. From 1998, Mr Gray was also director of a US company known as Clean Diesel Technologies (CDT), which developed, designed, marketed and licensed technologies and solutions for the reduction of emissions from combustion engines. He was also a director of SGA...