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Charitable Gifts: An episcopal from Acacia Road

The case of Kings v Bultitude has lessons for the failure of a residuary gift as well as casting light on a colourful part of church history, as Barbara Rich finds out In early January 2008, Mrs Pamela Schroder died and left the residue of her estate:To the person who… shall be or act as …
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5 Stone Buildings: A quick catch up

Penelope Reed QC introduces an issue devoted to articles by the barristers of 5 Stone Buildings The members of 5 Stone Buildings are delighted to be back writing for this edition of the Trusts and Estates Law & Tax Journal. Last year proved to be a fertile source of articles with members of chambers involved …
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Trustees: Making the break

Penelope Reed QC and William East look at the removal of trustees ‘The exercise of the court’s jurisdiction to remove trustees is not dependent on some finding of misconduct or breach of trust; other conduct can also suffice provided that the continuance of the trustee would prevent the trusts being properly executed.’When faced with trustees …
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Presumed Undue Influence: When advice is neither necessary nor sufficient

Ruth Hughes reviews case law to present the up-to-date position on presumed undue influence ‘In addition to a relationship of influence, in order for the presumption of undue influence to apply to a transaction, the transaction must be such that it “calls for an explanation”.’Equity protects so that injustice may not be perpetrated. In the …
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Court Of Protection: Giving it away

Re G (TJ) has valuable lessons on the role of substituted judgment in statutory wills and gifts, as David Rees outlines ‘The judgment in Re G (TJ) is clearly important as it recognises that the old “substituted judgment” approach still has a role to play when determining P’s best interests under the MCA 2005.’The Court …
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EU And Succession Laws: Are we there yet?

Richard Frimston gives an update on the progress of EU regulations affecting cross-border estates ‘There is some uncertainty as to whether England and Wales would recognise separate regimes in relation to movables and immovables, which would be valid under the Hague Convention.’The European Commission (the Commission) thinks that cross-border inheritance tax issues are a growing …
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Wills: Right of way

Charlotte Simm reviews a case that highlights the need for absolute clarity in will drafting ‘While the vesting of the legal estate in the properties was by force of the assents, in order to ascertain the legal position on the right of way it was legitimate to read and construe the assents and the will …
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Fiduciary Duties: The art of misdirection

Rachel Mainwaring-Taylor finds Aerostar a timely reminder of how directors must be aware of their duties when dealing with multiple companies ‘From a commercial point of view, that there is nothing preventing an individual from holding the office of director in more than one company. In such circumstances they will be obliged to act in …
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Charities: Taking the power back

Zahra Kanani considers the results of a recent consultation over disposal of land by charity trustees ‘The general position, as set out in s36(1) of the Charities Act 1993 is that “no land held by or in trust for a charity shall be conveyed, transferred, leased or otherwise disposed of without an order of the …
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Musings From Manchester: Brave new world

Geoffrey Shindler challenges readers to forecast the future for trusts and estates work ‘No-one is suggesting that human nature has changed, so why is it that we keep being told that the world has changed and unless we change with it there is no future for us?’Christmas is coming, but then so are a lot …
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