June 2021 #224 – Law Journals

Conflicts of law: Observing the orthodoxy

Richard Dew explores a case which concerns Norwegian law, the question of domicile and the principles of ademption The claimant needed to persuade the court to characterise the issue before it not as one of the division of the estate of Elizabeth but as something else, to which the English court could apply Norwegian law. …

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The Trustee Act 1925: Built to last

Jessica Henson and Charlotte Henshall discuss a rare study of the statutory power of advancement The guiding principle of a power of advancement is that the application of capital must ‘improve the material situation of the beneficiary’. As Benito Mussolini proclaimed himself ‘Il Duce’ of Italy and Virginia Woolf was streaming consciousness in Mrs Dalloway, …

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Lasting powers of attorney: Engaging override

Francesca Gardner looks at the first case to be reported from the Court of Protection on whether a power should be registered when the attorneys are at odds The court was clear in its assessment that KC’s daughters, as a result of the acrimony between them, would not be able to effectively consult one another …

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The 1975 Act: Establishing genuine financial need

Recent claims from adults under the 1975 Act abound. Laura Abbott differentiates the winners from the losers While the claimant in this case was the deceased’s granddaughter, and so claiming under s1(1)(e) as a person maintained as opposed to a child under s1(1)(c), the judge’s approach to the case and rationale mirrors that in recent …

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Proprietary estoppel: Crossing the line

Andrew Vinson assesses how proprietary estoppel relates to oral contracts In all cases, the inquiry in relation to a potential proprietary estoppel is concerned with the overall result of the parties’ dealings. What is the position in which the parties would be if the court did not intervene? Proprietary estoppel is a fertile ground for …

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Donatio mortis causa: An end to deathbed gifts?

Sarah Bolt examines the current approach to deciding what is a valid deathbed gift This case was a prime example of circumstances in which a deathbed gift ought not to be allowed to validate otherwise ineffective testamentary dispositions. Deathbed gifts are back in the spotlight with the recent decision of Davey v Bailey on 26 …

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