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Trusts and Estates

: Litigation capacity; Online Published Date : 06 May 2020 | Appeared in issue: Vol 34 No 3 - 06 May 2020; It is often necessary to litigate on behalf of someone who lacks capacity. This article considers the test for litigation capacity, and issues concerning litigation friends. This will include obtaining authorisation from the Court of Protection to..

: To surrender or not to surrender? That is the question; Online Published Date : 06 May 2020 | Appeared in issue: Vol 34 No 3 - 06 May 2020; The March 2019 issue of Trusts & Estates addressed possible circumstances that might lead trustees to make applications to the Court and the method by which they would do so. In H & Others v S Trustees et al,1 the issue facing the trustee..

: Caldicott and Others v Richards and Another [2020] EWHC 767 (Ch): Self-dealing by trustees; Online Published Date : 06 May 2020 | Appeared in issue: Vol 34 No 3 - 06 May 2020; This recent decision in respect of the application of the self-dealing rule to a sale of shares to one of the trustees (and objects) of a discretionary trust is interesting in demonstrating the court’s relatively rigorous approach to the application..

: Tax planning in the Court of Protection; Online Published Date : 29 May 2020 | Appeared in issue: Vol 34 No 4 - 29 May 2020; It is often an assumption that the Court of Protection will authorise lifetime tax planning as a “good thing” for P to do, particularly where the person concerned has substantial assets which they will not need in their lifetime.However, following..

: Witness statements: Gilding the lily in 2020; Online Published Date : 29 May 2020 | Appeared in issue: Vol 34 No 4 - 29 May 2020; “Witness statements have ceased to be the authentic account of the lay witness; instead they have become an elaborate, costly branch of legal drafting.” These were the words of Lord Woolf in his final report on Access to Justice in July 1996. Lord..

: Are CFA success fees recoverable in 1975 Act claims?; Online Published Date : 29 May 2020 | Appeared in issue: Vol 34 No 4 - 29 May 2020; Anyone familiar with the Jackson reforms would be forgiven for thinking the answer to the question in the title was simply “no”. On 23 May 2019, the High Court in Clarke v Allen [2019] EWHC 1193 (Ch) and 1194 (Ch) confirmed that “no” was indeed the..