The 1975 Act: Establishing genuine financial need

Wright Hassall Solicitors | Trusts and Estates Law & Tax Journal | June 2021 #224
Recent claims from adults under the 1975 Act abound. Laura Abbott differentiates the winners from the losers While the claimant in this case was the deceased’s granddaughter, and so claiming under s1(1)(e) as a person maintained as opposed to a child under s1(1)(c), the judge’s approach to the case and rationale mirrors that in recent …

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The 1975 Act: An inelegant scrap

Wright Hassall Solicitors | Trusts and Estates Law & Tax Journal | April 2021 #222
Laura Abbott describes a case for interim provision under the 1975 Act which has lessons for practitioners on costs Section 5 applications are not that commonly made. However, they may become more prevalent now given that interim payments on account of legal fees could avoid potential liability for uplift. Weisz v Weisz [2021], a claim …

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Proprietary estoppel: An unusual plot

Wright Hassall Solicitors | Trusts and Estates Law & Tax Journal | January/February 2021 #220
Katie Alsop discusses a proprietary estoppel claim that succeeded despite little documentary evidence and the claimants not being family members With the benefit of hindsight, this case would have been eminently suitable for mediation. It does act as a stark reminder of the obligation on practitioners to discuss with clients the expectations of the court …

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