Scott v Southern Pacific Mortgages Limited & ors [2014] UKSC 52

Wills & Trusts Law Reports | July/August 2015 #151

The appeal arose from one of what were originally ten test cases in which the defendant home owners (the vendors) were persuaded to sell their properties to purchasers (the purchasers) who promised the vendors the right to remain in their homes after the sale. The purchasers bought the homes with the assistance of mortgages from lenders (the lenders), who were not given notice of the promises to the vendors. Neither the rights of occupation promised by the purchasers to the vendors nor the tenancies granted by the purchasers were permitted by the lenders’ mortgage. Exchange of contracts ...

Proceeds Of Crime: A new direction?

Confiscation of assets from those convicted of a crime is not a new concept. Helen Boniface and Jessica Hickson report on how the confiscation process is being used in a new way with far-reaching implications ‘Proceeds of Crime Act confiscation can potentially have serious ramifications for both corporations and individuals convicted of any crime.’ People …
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R v Hursthouse 2013 EWCA (Crim) 517

Wills & Trusts Law Reports | June 2013 #130

On 28 October 2009 Susan Hursthouse (the appellant) pleaded guilty to an offence of fraud contrary to s1 of the Fraud Act 2006. The offence involved the forgery of the will of Henry Swinscoe (the testator). The appellant was accused along with her mother Jean Oldknow, who had previously been married to the testator. The testator died on 1 July 2008. He left a professionally drawn will dated 13 May 2004 by which he left everything to his then wife, Netta, or, in the event of her predeceasing him, which she did, his estate to be divided equally between the appellant and h...