Robert Pearce KC
Keith Rowley KC
Discharging a Court of Protection Security Bond After P Dies – Article by Matthew Mills
Matthew Mills’ article titled ‘Discharging a Court of Protection Security Bond After P Dies’ was recently featured in ‘Private Client Business’, published by Sweet & Maxwell. You can read the full article here.
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 […]
Neutral sanctuary – or intimidating location? Article by Justin Holmes
One aspect of the decision of Charles J in ADS v DSM [2017] EWCOP 8 is causing Court of Protection practitioners a headache as explored below by Justin Holmes. Charles J criticised the parties, and a Court of Protection visitor, for interviewing P at the house of her son, where she lived, whilst her son […]
The PSC Register and its impact on Trusts and Trustees – Article by Josh Lewison
Josh Lewison, a specialist in matters concerning the new PSC register arising out of the Companies Act 2006, has written for Practice Law on how this impacts trusts and trustees. Please click here to read the full article. This article is reproduced from Practical Law with the permission of the publishers. For further information visit […]
Testamentary capacity – Article by Howard Smith
Howard Smith considers how the concept of testamentary capacity has evolved over time, including the impact of the Mental Capacity Act and the importance of the ‘golden rule’. Click here to read the full article published in the Solicitors Journal.
Leaving it all behind: some problems of gifts on death – Seminar by William Moffett and Mark Mullen
These seminar notes by William Moffett and Mark Mullen provide practical guidance (including an update on recent case law) on death bed gifts and on construing ambiguous provisions in wills. Specific topics that will be covered include: Death-bed gifts: the recent case of Vallee v Birchwood A timely reminder of the law of donatio mortis causa The application of death-bed […]
Executors Beware – Article by Christopher Buckley
This article, by Christopher Buckley, was published in the 2013 edition of The Private Client Yearbook and looks at how the construction of a Will can influence a court’s decision-making process. Please click here to download this article. Please click here to view Christopher Buckley’s profile.
Variations of Trust – Article by Marcus Flavin
This article, by Marcus Flavin, was published in the 2013 edition of The Private Client Yearbook and gives a refresher course on how to successfully apply for court approval of a variation of trust. Please click here to download this article. Please click here to view Marcus Flavin’s profile.