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Dispute Resolution Law Blog

12 July 2018

The Law Commission to look to reform Right to Manage legislation

The Secretary of State for Housing, Communities and Local Government, Rt Hon James Brokenshire MP, has asked the Law Commission to undertake a broad review of Right to Manage legislation and suggest reforms to improve its use in practice and increase its popularity amongst tenants.

28 June 2018

FCA Dear CEO letter on cryptoassets – a warning to firms

On 11 June, the UK Financial Conduct Authority (FCA) issued a “Dear CEO” letter on how banks should deal with the financial crime risks associated with “cryptoassets”. The FCA defines cryptoassets as publicly available mediums of exchange that feature a distributed ledger and decentralised system for exchanging value, such as Bitcoin and Ether. These assets are more commonly known as cryptocurrencies.

19 June 2018

The extent of restrictions placed on trustees by a trust deed (South Downs Trustees Ltd v GH)

This article was first published on Lexis®PSL Private Client on 5 June 2018. Click for a free trial of Lexis®PSL.

Laura examines the case of South Downs Trustees Ltd v GH and others, in which the court allowed a trustee to sell the trust’s entire shareholding in a company, even though the trust deed expressly restricted its power to sell if a loss of control would result.

Laura Phillips TEP

18 June 2018

Sign on the dotted line… Does a will need a witness’ signature to be valid?

No will shall be valid unless the testator’s signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time. Each witness must then attest and sign the will. 

Katie Allard

15 June 2018

Knowledge approval claim fails because the circumstances surrounding the will were not suspicious

On 13 June the High Court handed down judgment in the case of Gupta v Aggrawala and others, a claim brought by Rakesh Gupta who alleged that his late mother’s will (which favoured Rakesh’s younger brother, Naresh) was invalid due to lack of knowledge and approval. Kingsley Napley acted for Naresh in successfully defending the claim, with the Judge concluding that Rakesh had not shown any suspicious circumstances at all in relation to the testatrix’s knowledge and approval of the will.

Kate Salter

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