Wills & Trusts Law Reports | Autumn 2019 #176The appellant appealed from an order of Mostyn J by which he refused her permission pursuant to s4 of the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) to bring an application out of time for reasonable financial provision out of the estate of her late husband (the deceased), who had died in 2016 leaving an estate of £29m. By his will the deceased left all his business assets qualifying for 100% business property relief on a discretionary trust (the business property trust) for a class of beneficiaries (the discretionary beneficiarie...
Jack Dillon weighs up the worth of witness evidence ‘The lesson, particularly in a commercial context, is that objective realities weigh heavier than witnesses’ insistence about what would or would not have happened.’ A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree …
Continue reading "Evidence: Vox populi?"
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Nicole Finlayson and Clare Arthurs consider the de-throning of a judgment on loss of a chance ‘While the Court of Appeal may have had persuasive and forcefully expressed views regarding why it, faced with the same material, would have come to a different conclusion, that did not support a conclusion that the trial judge had …
Continue reading "Insights by Penningtons Manches: A song of coal and ire"
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