April 2013 #145 – Law Journals

Musings From Manchester: Talking about a revolution

The idea of shifting tax upon death from the estate to the recipient is a thought-provoking one. Geoffrey Shindler weighs it up The question is not the simplicity of the change, but whether in principle we should tax the estate or tax the recipient.None of us needs reminding that we are nearly two years away …

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Trusts And Property: Declarations of trust in the family home

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 …

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Rectification: Examining intention and agreement

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. In …

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Proprietary Estoppel: Deal or no deal

Christopher Lloyd examines the current approach of the court to proprietary estoppel as indicated in Bradbury v Taylor 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 …

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Charities: Consultation is key

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. …

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Quistclose Trusts: Beware of importing principles of equity into commercial law

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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 Bank …

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Lasting Powers Of Attorney: Who guards the guardians?

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 …

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Domicile: Where is ‘home’?

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] …

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