Wills and tax planning – Paper by Charles Holbech
This paper by Charles Holbech provides a detailed guide in relation to wills and tax planning with examples and some precedents. Guidance is given in respect of nil rate band trusts, business and agricultural property, will trusts, charitable gifts, the residential nil rate band and deeds of variation. The paper is designed to serve as […]
Favourite Cases: Re Cathcart – Article by Justin Holmes
We are delighted to introduce Favourite Cases, a new project for August, which takes a look at interesting and important chancery and commercial decisions. Our first contributor is Justin Holmes with Re Cathcart, an 1890s case that established the unusual general costs rule which still applies in Court of Protection property and affairs litigation. Justin […]
Grand View Private Trust Co Ltd v Wong, Wen Young & Ors
The Bermudian Court of Appeal has handed down a landmark judgment in Grand View Private Trust Co Ltd v Wong, Wen Young & Ors, reversing the decision of the Bermudian Supreme Court and rejecting any limitation on the exercise of trustees’ powers to add and remove beneficiaries by reference to the so-called “substratum” of the trust. In the […]
Protecting your clients against undue influence claims – Article by Marie-Claire Bleasdale
Marie-Claire Bleasdale was invited by STEP Journal to give practical advice to practitioners on how to protect their clients against unjust claims of undue influence in court. Subscribers can read Marie-Claire’s piece here.
Video: How to wipe the slate clean: a DIY instructional video
No need to cry over spilt milk when you have handymen Tom Dumont KC and Piers Feltham’s step-by-step guide to correcting trustees’ mistakes, taking you through the history and development of the court’s jurisdiction, recent case law, criteria to be satisfied and pitfalls to be avoided. Please email events@radcliffechambers.com if you have any questions or […]
Video: Junior Programme: Private Client – Contentious Probate Litigation
In this webinar Jonathan Edwards discuss commonly experienced procedural problems in probate litigation, including the caveat and citation procedures, ensuring that the relevant parties are bound by the decision, and putting a settlement agreement into effect. Sophia Rogers explores the issues of undue influence and fraudulent calumny in probate claims, including a summary review of […]
Video: Testamentary capacity and will-making in other jurisdictions
Junior Programme: Practical tips for administering estates and Making wills: an update
During this webinar Matthew Mills discusses various practical points which personal representatives and their advisers should bear in mind when securing probate, collecting the deceased’s assets, and administering the estate. Emma Loizou discusses the Government’s proposal to allow electronic witnessing of wills. Junior Programme events are aimed at recently qualified lawyers and consist of an […]
Fraudulent calumny decision upheld
Kate Selway acted for the successful respondent when Morgan J recently dismissed two applications for permission to appeal the decisions of Mr Recorder Lawrence Cohen KC following a two week trial earlier this year concerning consolidated claims of fraudulent calumny and undue influence. Morgan J’s judgments are a useful reminder of the rules for establishing […]
Challenging suspicious wills – Paper by Charles Holbech
There are a number of classic features common to probate claims where the validity of a will is challenged. A testator typically executes a new will in favour of one or more family members (often to the exclusion of others). The new will represents a significant departure from the terms of previous wills, which had […]