This category can only be viewed by members.

Wills: Sealing royal wills – justifiable secrecy?

Natasha Dzameh reviews the High Court’s decision to seal the will of His late Royal Highness Prince Philip In determining whether the will and other probate documents would be open to inspection, the public interest issue would likely be determinative. The sovereign’s will need not be proved by a grant of probate. However this is …
This post is only available to members.

Inheritance: What is financial need?

Sophia Rogers looks at a decision illuminating the position on the recovery of CFA success fees in Inheritance Act 1975 awards Unless a CFA-funded claimant can recover their success fee or a contribution thereto as part of their award, the success fee constitutes a debt which may undermine the purpose of their carefully tailored, needs-based …
This post is only available to members.

Mistake: Ignorance is not bliss

A recent case underscores the criteria required to make out a case for mistake as a ground to set aside a trust. Rowan Cope explains A key element of the test for mistake is whether the claimant accepted the risk that the scheme may not work. In Dukeries Healthcare Ltd v Bay Trust International Ltd …
This post is only available to members.

Protectors: The watchdog

Timothy Sherwin takes a closer look at the evolving role of protectors While a protector may be an office created by an individual trust instrument, it is not, unlike the office of trustee, a general role about which sweeping generalisations can easily be made. The role of protectors in trusts, especially but not uniquely in …
This post is only available to members.

Musings from Manchester: What do we want?

Succession and tax are interlinked. Geoffrey Shindler makes the case for reviewing the underlying principles behind both when considering change Would it not be a good idea to deal with tax and succession at the same time as the two are inherently closely interlinked? I set out below something I have recently read with interest. …
This post is only available to members.

Executors: More than friction

Recent case law has clarified when the court considers an executor can be removed due to the breakdown of the relationship with the beneficiaries. Laura Abbott explains Executors have a duty to administer the estate in accordance with law and in a timely manner, and to act in the best interests of the beneficiaries, not …
This post is only available to members.

Trusts: Making well-documented inquiries

Robert Lindley and Wesley O’Brien provide a step-by-step guide to dealing with missing or uncooperative beneficiaries It will be important for the trustee to be capable of demonstrating that it has made sufficient reasonable efforts to find and/or contact the relevant person. Trusts exist for the benefit of their beneficiaries and it is to beneficiaries …
This post is only available to members.

Probate: In at the deep end

Lessons can be learned about trial conduct when litigants appear in person and more in Lonsdale v Teasdale. Elis Gomer elucidates While showing a ‘real doubt’ as to capacity is not a trivial requirement in evidential terms, once that has been done, the burden will be on the party seeking to propound the will to …
This post is only available to members.

Offshore: The Manx court takes a stand

Paul Lewis and Stephen Alexander discuss protecting the office of protector When deciding whether to exercise a power to appoint a protector, trustees must take into account all relevant considerations and exclude from their reckoning all irrelevant considerations, even when a trust instrument ostensibly gives them carte blanche. Trust settlements may confer powers exercisable by …
This post is only available to members.