December 2019 #212 – Law Journals

Will drafting: When to challenge

Barbara Stratton QC, Sarah Huot and Hong Feng examine the impact of Canadian case Mawhinney v Scobie on no contest clauses in the UK ‘If a will includes a properly drafted and enforceable no contest clause, and a beneficiary unsuccessfully challenges that will, then the beneficiary forfeits their bequest by operation of the no contest …

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Family and trusts: Forewarned is forearmed

Claire Blakemore and Jemma Thomas explore how the courts consider assets held in trust upon divorce ‘The cases provide helpful insights into how trust structures will be viewed on divorce, so that we can discern tips and practice points on creating and managing trusts most effectively.’ The court’s approach to assets held in trusts seems …

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Gifts: When to perfect the imperfect

Is it a gift or resulting trust? Stephanie Wookey discusses a case which elucidates what is required for a complete gift ‘Clear words of a gift are not only required to the intended donee but also to any third party involved in giving effect to that intended gift.’ In August 2019, Murray J ruled in …

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Will disputes: Valid concerns?

John Ward-Prowse reports on a case that provides useful points to cover when a new will cuts out family members ‘It was not the judge’s task to decide whether the 2015 will was justified or fair. He was only required to decide if it was valid, which he did.’ Anna Rea was 85 when she …

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Offshore trusts: A taxing business

A successful taxpayer appeal against HMRC has lessons on how the courts will interpret legislation on the transfer of assets abroad. Remi Aiyela explains ‘Even though Mr Rialas orchestrated the purchase side of the transaction as HMRC claimed, it was stretching the meaning of the word “procure” beyond breaking point to suggest that the fact …

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Trusts: The complete picture

Sean Hilton highlights the importance of identifying trust issues at the outset of a case and ascertaining the willingness of trustees to make distributions from such assets ‘Had the court in Wodehouse been fully appraised of the nature of the trusts, and had the trustees been properly questioned, the judge may have reached a different …

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Musings from Manchester: Taking it on trust?

O T

Geoffrey Shindler has some questions for prospective MPs on the 5th Anti-Money Laundering Directive ‘5AMLD now brings the settlor back in as a beneficial owner when basic trust law, in this country at least, shows that they are divested of beneficial ownership.’ I hate to approach Christmas with a warning but according to the pernicious …

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The 1975 Act: Compelling communication

Laura Abbott provides an update from the Court of Appeal on whether parties in Inheritance Act 1975 cases can be compelled to undertake ADR ‘Moylan J reasoned that in his experience, FDRs often achieve a great deal, even if the parties are resistant or actively hostile to them.’ In the September 2019 issue of TELTJ …

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