April 2022 #232 – Law Journals

Musings from Manchester: The value of trusts

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Geoffrey Shindler calls for a balanced view on trusts What we are short of is a press campaign that will balance the stories about trusts so that the good side is told as well as, perhaps, the not so good side. The newspapers, and indeed all the media, are full of items about Ukraine, hardly …

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Digital assets: Future-proofing your digital investments

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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Probate claims: Caution advised when ‘assisting’ litigants in person

The most recent appeal in Rea v Rea has lessons on the procedure to be adopted in helping unrepresented parties present their case at trial in probate claims, a scenario which is becoming more and more common. Lewis Addison explains The judges considered the error made was such that a retrial was necessary, even though …

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Offshore: The test for sham trusts

Nick Williams, James Angus and Matthew Davies discuss a sham trust case that raises pertinent points for both practitioners and trustees Even a trustee who is recklessly indifferent to the intentions of the settlor must, independently, have a positive intention to mislead third parties. In its judgment in Cohen and Crooks as Joint Administrators of …

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Cryptocurrencies and trusts: Watch and learn

Daniel Scott analyses a civil fraud case that may serve as a precursor for similar cases in the private client sphere on the misappropriation of cryptocurrencies The concession made in this case is to favour the trust analysis such that it is now relatively uncontroversial to view cryptocurrencies as property capable of being held on …

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Lasting powers of attorney: The scope of gifts

Peter Walker examines whether the case of Chandler v Lombardi advances our understanding on what gifts an attorney can make under an LPA If any gifts do not fully comply with the conditions and have not been specifically approved by the Court of Protection, then they are void as opposed to voidable, and therefore recoverable …

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Costs: The end of Cherry v Boultbee

Hal Branch reports on a case that establishes that there is no right of set-off for unpaid debts against 1975 Act awards and also takes the stance ‘no costs certificate, no payment’ The Deputy Master found that Cherry would only apply in respect of s2 of the 1975 Act where a claimant in a 1975 …

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