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Private prosecutions – A route to justice for the charity sector
Sophie Tang
This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period July - September 2022.
People with dementia are at higher risk of financial abuse and in our experience, the majority of allegations of financial abuse and misappropriation of monies against vulnerable individuals are against the very people trusted to look after their affairs. Sadly, the volume of those allegations is on the rise.
The recent judgment in the case of Totton & Anor v Totton [2022] EWHC 2345 (Ch) ought to serve as a stark reminder that executors need to take their duties very seriously. In this case, the High Court found that an executor had failed to comply with his duties as an executor and, subsequently, breached a court order intended to remedy the position. As a result, the executor was found to be in contempt and sentenced to a custodial sentence of three months.
This quarterly contentious trust and probate litigation update provides a summary of a cross-section of reported decisions handed down in the courts of England and Wales in the period July 2022 - September 2022.
At the end of last year the High Court heard the case of Reeves v Drew & Others, which concerned a challenge to the validity of a will made by successful businessman Kevin Reeves, on the grounds of want of knowledge and approval and undue influence. Whilst there was a lot of public interest in the case at the time due to the characters involved, the judgment also provides a comprehensive summary of the legal principles relevant to claims advanced on these grounds.
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