July/August 2022 #235 – Law Journals

Musings from Manchester: What factors the court will consider when a will is disputed

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A critical aspect of knowledge is not what you know, but where to look for it. Geoffrey Shindler explains how approaches to information management have changed for the trust and estate practitioner What I thought, and still do think, is important is to know where I can find the answers to the questions that arise. …

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Property succession: A clear route map for foreign property inheritance by minors

A recent Family Court decision has valuable lessons for trust and estate practitioners dealing with foreign property inherited by a minor. Georgia Bedworth reports The decision in Re B makes clear that in English law, just as in civil law jurisdictions, the power to administer property on behalf of a child is an aspect of …

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Fraudulent calumny and undue influence: When foul play is suspected

Amanda Noyce examines where we are now after Whittle v Whittle In both Christodoulides and Whittle the testator was frail, elderly and close to death and the calumniator was living in their parent’s house and had isolated the parent. How often does the heart of a contentious probate lawyer sink when a new enquiry is …

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Trusts of land: What justifies the award of occupation rent?

John Sharples outlines a case that clarifies occupation rights Ali illustrates the importance of properly analysing the nature of the occupying beneficiary’s interest at the outset and seeking the proper relief on behalf of the proper claimant for the correct amount. In what circumstances can a beneficiary of a trust of land who does not …

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Presumption of death: What to do when someone goes missing

Laura Abbott provides a refresher on the procedure to follow in the case of a missing person, with reference to the most up-to-date case law While it will not be an ‘everyday’ case for practitioners, around 250,000 people go missing in England and Wales every year, so unless and until they are found families may …

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Offshore: Making the most of mistake

Rebecca McNulty discusses two recent cases from the UK and Jersey courts that emphasise the importance of a complete evidence picture when establishing mistake If the court is to be persuaded that there has been a genuine mistake, it needs to be provided with all relevant correspondence and documents so that such an assessment can …

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Wills: The effect of joint tenancies

Kieran Forsyth reviews a case that demonstrates the importance of obtaining a notice of severance of a joint tenancy and filing it at the Land Registry Dunbabin is notable for the fact that it demonstrates that the execution of mirror wills can be sufficient to sever a beneficial joint tenancy, even if those wills are …

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