Proprietary estoppel: Satisfying the equity

University of Greenwich | November 2022 #402
Mark Pawlowski looks at the proper approach to granting relief under the doctrine of proprietary estoppel Proportionality lies at the heart of the doctrine of proprietary estoppel and permeates its every application. In particular, there must be a proportionality between the remedy and the detriment which is its purpose to avoid. The Supreme Court in …

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Digital assets: Future-proofing your digital investments

McDermott Will & Emery | April 2022 #232
NFTs, digital assets and the metaverse: Anita Shah looks at the impact for trustees and estate planners The decentralised nature of the asset ownership of cryptocurrency and NFTs can lead to practical difficulties for personal representatives dealing with an individual’s estate upon their death. The world of investing and the elements of a new digital …

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Inheritance: What is financial need?

Radcliffe Chambers | December 2021 #229
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 …

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