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Re Gladys Meek [2014] has lessons on safeguarding the mentally incapable from loss. Sam Chandler analyses the case. ‘The judge considered that it could not be in Mrs Meek’s best interests to require what was left of her resources to be expended on litigation to remedy the deputies’ default when a straightforward alternative was available.’ …
Continue reading "Statutory Wills: Doing the right thing"
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Charlie Fowler sets out what charities should do with donations when the purpose behind an appeal fails ‘In the event that there is an initial failure with a charitable appeal and all of the donors to the appeal are identifiable, then, on the face of it, the trustees of the charity will hold the money …
Continue reading "Charities: Deciding charitable intent"
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Edward Hicks explores the implications of Re Catling [2014] ‘The Ministry of Justice has recently rejected regulation of the will-writing sector. This case is an illustration of the potential disastrous consequences of allowing unregulated so-called “professionals” to act in this sector.’ In 2005 Mrs Catling was an elderly widow. She had eight children. She was …
Continue reading "Wills: A will writer’s work of fiction"
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Geoffrey Shindler considers how much children should know about their parents’ wealth ‘I have the feeling that some of us are more comfortable dealing with beneficiaries and exercising or not exercising the powers of appointment vested in us as trustees than we are dealing with the same issues which confront us as parents.’ WS Gilbert …
Continue reading "Musings From Manchester: Wealth and safety"
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Alexander Learmonth examines the effect of the Supreme Court’s decision on the costs of the claim for rectification of a will in Marley v Rawlings [2014] ‘When advising clients contemplating the risks of litigation, litigators should continue to adopt a cautious approach; clients must be ready to negotiate in good faith, rather than relying on …
Continue reading "Trust And Probate Claims: Counting the cost"
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Geoffrey Shindler argues that it should be a legal requirement to make a will ‘We all know of the difficulties that can arise when one party to an unmarried couple dies without making a will.’We like to think that we live in a ‘free society’. I think what we mean by this is that we …
Continue reading "Musings From Manchester: Avoiding the chaos of intestacy"
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The current state of play with HMRC v Murray Group Holdings has lessons for lax trustees. Catharine Bell and Nicole Aubin-Parvu provide an update ‘HMRC argued that where an employee was given practical access to or control of monies it mattered not that he did not have absolute legal title to them.’The unsuccessful appeal by …
Continue reading "Trust Management: Extra time and possible penalties?"
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Mark Herbert QC discusses the implications of Shergill v Khaira ‘The court will still not adjudicate on the truth or validity of religious beliefs, but it must not shy away from deciding on their existence where that is necessary in order to determine legal issues which are themselves justiciable.’ In Shergill v Khaira the Supreme …
Continue reading "Charity Law: Staying out of it"
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Mary Ashley gives an update on the long-running case of Buzzoni v HMRC ‘Buzzoni provided a rare opportunity for the Court of Appeal to clarify how the gifts with reservation rules apply.’ The reservation of benefit rules in relation to inheritance tax (IHT) have always been a hiccup in the planning context. This has led …
Continue reading "Gifts With Reservation: A win for the taxpayer"
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Siân Hodgson examines the dangers of informal farming arrangements between family members in Creasey v Sole ‘The judge found it “wholly unreal” to analyse the arrangement between Michael and his parents as one which conferred upon him a right to exclude them.’ Creasey v Sole [2013] was a dispute between six brothers and sisters about …
Continue reading "Succession: Difficult ties"
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