September 2013 #149 – Law Journals

Musings From Manchester: The evolution of legislative creep

Geoffrey Shindler contemplates how trust and estate practice has changed over the last 15 years ‘Regulation was invented to deal with the evils of the world: drug trafficking, extortion, prostitution, etc. But legislative creep has occurred and that has lead us to where we are.’If you were asked what have been the most important changes …

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Estate Administration: Know your limits

Philip Youdan and Russell Simpson look at Page v Hewetts, which provides guidance on issuing a claim in accordance with the Limitation Act 1980 ‘The judgment in Page v Hewetts provided important clarification on what is necessary to issue a claim in compliance with the Limitation Act 1980.’ The recent case of Page v Hewetts …

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Trustees: Self-dealing – rigours and risks

Brudenell-Bruce offers salutary lessons about the self-dealing rule, as Simon Atkinson explains ‘Brudenell-Bruce provides a restatement of the law relating to estoppel by deed and applies principles of construction to deeds and consent orders.’ For chancery practitioners Brudenell-Bruce (Earl of Cardigan) v Moore and Cotton [2012] provides valuable guidance in a number of areas. The …

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Wills: An unresolved question

David Schmitz considers whether the will must be present when a testator acknowledges their signature to witnesses ‘The existence of a perceived danger of substitution in some cases, and the desirability of reducing the need for oral evidence in consequent litigation, can justify the inference that the draftsman did intend to impose a requirement for …

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Executor’s Costs: Neutrality is key

Sian Hodgson gives the lowdown on executor’s costs in litigation, with reference to the recent case of Taylor v Saunders ‘An executor who has been involved in the preparation and execution of a will, in which he is also appointed executor, may naturally wish to “defend” that will’ The issue of an executor’s costs in …

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Quistclose Trusts: Clear segregation

Lynsey Oakdene and Camilla Dalzell discuss the definition of a Quistclose trust and the circumstances in which a court will find that one exists, following Tuthill ‘A Quistclose trust arises in circumstances where a transferor transfers money to another with the intention that the money is to be used for a specific and exclusive purpose.’ …

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Residuary Gifts: Intention not precedent

Spurling v Broadhurst confirms the court’s current approach in placing emphasis on the intention of the testator rather than strict rules of will construction. Daisy Boulter investigates ‘The court in Spurling took a broad range of evidence into account, including the testator’s characteristics, in deciding how to construe the gift in remainder clause.’ In Spurling …

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Charities: New powers to invest

Sarah Clune examines the Charity Commission’s consultation on rules for total return investment ‘In a total return investment investors can manage their investments to make the most of the return they generate, regardless of whether this comes from dividends, interest or capital gains.’ Significant changes are afoot for permanently endowed charities. Section 4 of the …

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