Wills & Trusts Law Reports | Spring 2024 #194The deceased died intestate in 2020 with an estate worth around £120,000. He had married the claimant in January 1993, and they had a daughter, the defendant, in November 1993. They had an unhappy marriage and little family life, although they all continued to live together. In 2014, the deceased transferred the matrimonial home from his sole name to the joint names of him and the defendant as beneficial joint tenants, such that on his death his share of the property passed to the defendant. The property was worth around £450,000. In 2017, the claimant brought proceedings against the dec...
Sophia Leeder outlines the approach to interim orders in a case where a party has delayed in making their application and spent excessively in the meantime, as well as key practice points Where jurisdiction is in dispute, this does not prevent the court from making an interim order, but in MG v GM Peel J …
Continue reading "Financial remedies: A battle royale"
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Hannah Hughes summarises the impact of the below High Court judge level efficiency statement in the Financial Remedies Court The efficiency statement makes it clear that it is unacceptable for the court to be presented at the financial dispute resolution appointment (or final hearing) with competing asset schedules and chronologies. Parties must therefore collaborate to …
Continue reading "Financial remedies: A new way of working"
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Barbara Reeves reflects White v White, 21 years after this seminal judgment, and the development of the law since Financial outcomes for women on divorce tend to be worse than for men across the board and compensation might have been an ideal way to seek to remedy this position, but unfortunately, so far, it appears …
Continue reading "Financial remedies: A misspent youth?"
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Financial remedy case Joy v Joy-Morancho [2015] has valuable pointers for practitioners. Alexandra Hirst and Sofie Hoffman examine the outcome ‘The sensible approach must surely be to continue to tread carefully and advise trustees to be cautious when taking any steps which might render the trust susceptible to an argument that it has been nuptialised …
Continue reading "Trusts: An elaborate charade"
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Wills & Trusts Law Reports | July/August 2015 #151A husband and wife met in 1999 and married in 2003. They had one child together, of primary school age at the time of the proceedings. In 2005 the husband and wife moved into a farmhouse owned by the husband’s parents. In 2009 the husband’s parents settled the farmhouse on a discretionary trust for the benefit of their children and remoter descendants. Subject to the power to appoint the capital and income to the discretionary beneficiaries, the farmhouse was held on trust to pay the income to the husband for life, and it was declared that the making of any land comprised within the trus...
Paula Butterworth summarises two procedures designed to accelerate and simplify financial remedy proceedings ‘The logistics of following the Central Family Court pilot procedure requires both parties to engage in an early decision to follow the procedure proactively.’The reforms to the family justice system in 2014 have so far primarily impacted on children proceedings but there …
Continue reading "Financial Remedies: Dual speed"
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