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Dispute Resolution Law Blog

28 June 2021

Spotlight on dementia: can you challenge a will despite the views of medical experts?

Alzheimer’s disease, the most common form of dementia, has been in the spotlight recently given a recent scientific breakthrough with the US approving the first new Alzheimer’s drug in 20 years. Light has also been shed on dementia and assessing testamentary capacity in the recent case of Hughes v Pritchard [2021] EWHC 1580 Ch. In this case, Mr Hughes, who suffered from moderately severe dementia was nevertheless deemed to have capacity at the time of amending his will by his GP, a view supported by a joint medical expert later instructed in the case. Despite this, his will was overturned by the judge on the basis that he did not have the requisite capacity to make the changes to his previous will, which were much more significant than the medical professionals, and indeed Mr Hughes, had appreciated.

21 June 2021

Buying property with crypto – are we transforming real estate?

The price of Bitcoin and other crypto assets is notoriously unstable. Whether caused by a cryptic crypto related tweet from a billionaire inventor, or a crypto crackdown being announced by regulators of the world’s second largest economy, the rise and fall of crypto assets continues to prove that crypto can be risky business.

Daniel Browne

21 June 2021

When does the clock start ticking on trustees’ negligence?

Matthew & Others v Sedman & Others [2021] UKSC 19 

The Supreme Court recently handed down a judgment dealing with time limits in a “midnight deadline” case. The claim was brought by new trustees and beneficiaries of a will trust against the former professional trustees. The claim involved allegations of negligence against the former trustees, along with breach of trust and breach of contract.

Sophie Mass

11 June 2021

A nervous disposition

Daniel Staunton explores the inherent conflict between the jurisdiction of the bankruptcy courts and the family courts and asks which jurisdiction trumps the other? This article focuses on the authorities in relation to section 284 and when family court orders might be liable to be set aside as void dispositions

11 June 2021

On the rebound: How to clawback from a divorce

Mary Young explores how divorce settlements between spouses may be caught later down the line in bankruptcy proceedings as potential TUVs where there are dishonest motives.

Mary Young

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