May 2018 #196 – Law Journals

Musings from Manchester: Who will stand up for the trust?

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Geoffrey Shindler looks into the post-Brexit future ‘I am hoping that cometh April 2019 we shall have the ability to develop trust and estate law free from any fears of continental invasion.‘ Robert Browning, not on the subject to Brexit but rather giving us his Home-Thoughts, From Abroad, once stated: Oh, to be in England …

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Brexit: Opting out

How should we consider the EU Succession Regulation and UK/EU private client law in light of Brexit? Phineas Hirsch discusses ‘Following the UK‘s eventual exit from the EU, the ability for English testators to elect expressly in their will for the law of their nationality to apply to their succession under Art 22 of the …

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Disclosure: Uncovering trustees‘ reasons

The Court of Appeal has provided beneficiaries with an alternative avenue for seeking disclosure against a trustee. Sophie Holcombe explains ‘The Court of Appeal expressly stated that it would not be correct to refuse to exercise the court‘s discretion to order compliance “because this disclosure could not be obtained from the trustees under the governing …

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Wills: Generation gain

Amanda Noyce outlines the lessons from a case concerning how a disputed share of a settlement fund should be assigned ‘The question that the Public Trustee sought to have determined was whether, according to the terms of the settlement, David‘s share accrued to the share that was held for his brother, Jeffery, and so was …

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Remedies: A costly error

Failure to advise clients of risk can have serious financial consequences. David Greene and Dominic de Bono consider a recent equitable compensation claim ‘Jackson LJ held that this was a category 2 advice case, noting that this was not a “conventional conveyancing situation“. While the purchasers had taken the decision to purchase a property in …

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Inheritance disputes: In the blood

James Kemp examines the power of the court to order DNA testing ‘The issues of having the best evidence available, together with the lack of a human rights impact, support those who seek such a test. The caveat is that of course such an application must provide evidence of a triable issue and perhaps warrant …

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Estate administration: For whom do you act?

A recent case shows the danger of conflict of interest when there is an apparent deathbed gift. Siân Hodgson reports ‘Each case will be considered on its facts but what is emphasised in this case is that where a donor has a fluctuating state of health, what is key is that imminent death from a …

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