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Jo Summers reviews the Law Commission’s will consultation from the point of view of the practitioner ‘Perhaps the most important part of the consultation relates to the question of mental capacity. The paper notes that the legal test for testamentary capacity comes from the case of Banks v Goodfellow which is hardly recent.’ On 13 …
Continue reading "Law Reform: Will-making for the modern age"
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A recent Privy Council case indicates how the court will determine remedies and damages for breach of fiduciary duty. Joseph de Lacey explains ‘The case shows the flexibility of the concept of constructive trusts, and how they can be and are used to protect those to whom fiduciary duties are owed.’ On 27 March 2017 …
Continue reading "Fiduciary Duties: Staying virtuous"
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Robert Sheridan discusses current thinking on interpreting homemade wills ‘If the personal representatives are unsure how to distribute the testator’s estate, an application to the High Court under Part 64 may be the most appropriate course to follow.’ At the time of his death, the testator, Mr Veljko Aleksic, was a very wealthy man. He …
Continue reading "Wills: The perils of cutting corners"
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Geoffrey Shindler reminds practitioners of the beauty of well-crafted writing ‘How effectively we communicate, whether to our clients, or to the opposition or to a third party, depends on our ability to master and use the English language.’ It is a great shame that we never were able to hear the great advocates in their …
Continue reading "Musings From Manchester: The power of prose"
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