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Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive An express trust may only be challenged on specific grounds that permit rescission or rectification of the formal document. It is accepted as established law that, where the parties execute a trust expressly declaring …
Continue reading "Trusts And Property: Declarations of trust in the family home"
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IBM United Kingdom Pensions Trust Ltd v IBM United Kingdom Holdings Ltd updates the position on rectification and pension trusts. Emily Campbell looks at the implications Frequently, parties cannot remember exactly what was said at meetings (unless it found its way into the minutes). The area of rectification is a fertile source of case law. …
Continue reading "Rectification: Examining intention and agreement"
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Christopher Lloyd examines the current approach of the court to proprietary estoppel as indicated in Bradbury v Taylor</em Assurances or promises do not need to be the sole reason for the representee’s conduct: it is sufficient if they are an inducement. The inexorable rise in real property prices over the last half-century means that a …
Continue reading "Proprietary Estoppel: Deal or no deal"
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The Charity Commission’s decision over a proposed cy-près scheme for The Sir Edward Heath Charitable Foundation has useful lessons, as Sarah Clune explains Many questioned why applications for funding had not been made to the Heritage Memorial Fund, why a public appeal had not been mounted and why events were not held at the house. …
Continue reading "Charities: Consultation is key"
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Jehan-Philippe Wood analyses Bieber v Teathers, which sheds new light on how a Quistclose trust is defined in the context of partnerships It is one thing to accept that a trust can exist alongside a contractual arrangement. It is quite another to try to reconcile competing arrangements. A Quistclose trust (the name derives from Barclays …
Continue reading "Quistclose Trusts: Beware of importing principles of equity into commercial law"
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Re Harcourt is a useful reminder of the circumstances in which the court can revoke a lasting power of attorney. Catherine Paget reviews the case The donor of an LPA who does not lack capacity can ask the attorney to produce accounts, receipts, invoices, bank statements and other financial records, and give an explanation of …
Continue reading "Lasting Powers Of Attorney: Who guards the guardians?"
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Mark Stevens discusses Curati v Perdoni, which underscores the importance of knowing all the circumstances of your client when will-drafting The case before the Honorable Mr Justice Sales centred on whether the 1994 Italian will had the effect of revoking the 1980 will. The two main issues at the centre of Curati v Perdoni [2013] …
Continue reading "Domicile: Where is ‘home’?"
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Neasa Coen explains the impact of a new definition of charity on tax reliefs To mitigate the damage done by the unfit manager the charity can move that person into a role where they will not have the same financial influence. The Finance Act 2010 saw the introduction of a new definition of ‘charity’ for …
Continue reading "Tax: Aiding cross-border giving"
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Prest shows that family judges must uphold company law when considering what constitutes the matrimonial pot, as James Copson discusses Where Family Division judges have fallen into error time and again has been their reliance on what Cumming-Bruce LJ referred to as ‘abundant authority’ in Nicholas that the veil can be lifted if there are …
Continue reading "Trusts And Divorce: Piercing the corporate veil"
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Sofie Hoffman and Sharon Kenchington examine the lessons from Hughes v Bourne on applying for the court’s blessing Conflicting views and values among the beneficiaries can be particularly marked where the ownership of the family business is divided between different branches of the family or where one sibling has a much greater role to play …
Continue reading "Trustees: Duty to act reasonably"
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