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Simon Adamyk and Jessica Powers examine the current judicial approach to jurisdictional challenges on forum non conveniens grounds Post-Brexit, jurisdictional issues are determined, for the most part, in accordance with common law principles. Al Assam v Tsouvelekakis [2022] was concerned with the funds of two Cypriot trusts, the AAA Family Trust and the Hamza Family …
Continue reading "Jurisdiction: After Brexit"
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Documentary records were critical in establishing lack of knowledge and consent in a high-value judgment over an illiterate settlor’s will. Kevin Modiri discusses One would expect that if after just two years, a testator made a significant change to their will that cut out three residuary beneficiaries who together stood to inherit over £46m, a …
Continue reading "Wills: High Court rules against multimillionaire’s 2014 will"
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Guy Holland analyses whether a cohabitee’s beneficial interest can be varied by express agreement alone In finding that detrimental reliance was not the only route to establishing unconscionability, Kerr J has identified a clear distinction between the approach to be adopted in single name and joint name cases. It is well established that detrimental reliance …
Continue reading "Trusts: Doing away with the need for detrimental reliance"
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Sheila Rusike and Jo Summers outline some interesting trust practice points gleaned from their recent experience for the benefit of other practitioners It is worth checking exactly how the trustees’ names appear on the Land Registry records to make sure any deeds you create (such as a deed of retirement and appointment) match. Trust and …
Continue reading "Practice spotlight: Can you trust your instincts?"
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James Sheedy reviews what the trustee needs to know about impact investing A possible solution in answer to the desire of beneficiaries to ‘do good’ with trust funds is for trustees to appoint assets out to beneficiaries for them to then apply them as they deem appropriate. In the last few years, there has been …
Continue reading "Trustees: Call of duty?"
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What is the best approach to training future trust and estate practitioners? Geoffrey Shindler draws on the past to learn lessons for the future Despite the numerous attempts, or proposals, put forward to resolve the issue there is never one agreed solution and certainly not one agreed for anything more than a very short period …
Continue reading "Musings from Manchester: The new generation"
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Denzil Lush sheds light on the origins of local authority involvement in mental incapacity proceedings Commissioner Murray was wrong in believing that Cohen’s was the first case of its kind. An almost identical petition had been filed 30 years earlier in 1811, in the matter of Ann Pettman. The primary purpose of this article is …
Continue reading "Mental capacity: A history of local authority interventions"
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Timothy Sherwin looks at the rights of beneficiaries to an account Blades and Boothman suggest that the courts will be willing to permit derivative claims to advance in appropriate circumstances even where they have not been formally designated as derivative claims. A beneficiary has a right to an inventory and account from her executor. That …
Continue reading "Beneficiaries: A practical approach"
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Kevin Kennedy and Justine Reid analyse a case that outlines the steps taken for interpreting a will as well as the scope of the Administration of Justice Act 1982 The issue for the court was whether a solicitor copying and pasting a clause from a precedent bank that did not reflect the testator’s intention, and …
Continue reading "Will construction: What constitutes a clerical error?"
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Katie Alsop explores the latest developments in proprietary estoppel Despite the benefit which had been conferred upon them by virtue of the transfer of the farmhouse, that did not discharge the detriment associated with the promises and assurances made to Simon and Alison. The doctrine of proprietary estoppel is fast becoming known as the gift …
Continue reading "Farming disputes: The three ‘P’s – partnerships, proprietorships and proprietary estoppel"
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