Blog
Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
3 October 2016
Contentious Trusts and Probate Monthly Round-Up: Bumper Summer Vacation Edition 2016
Barnsley & Ors V Noble [2016]
The Court of Appeal considered the proper interpretation of an exoneration clause contained in a will to relieve the trustees under trusts set out in the will of personal liability in respect of certain breaches of duty by them. The Appellant (Mr Barnsley) argued that (1) the exoneration clause had no application in respect of a breach of the self-dealing rule; (2) the exoneration clause did not apply because the respondent had not acted “in the professed execution of the trusts and powers” of the will; and (3) the respondent could not rely on the exoneration clause because he had engaged in “wilful and individual fraud or wrongdoing”.
30 September 2016
Initiative to help fraud victims is step in the right direction
The City of London Police launched a two-year pilot scheme last month that aims to help individuals recover assets lost to fraudsters. Such initiative is to be welcomed, says Will Christopher
26 September 2016
Correspondence between you and your solicitor: perhaps not as privileged as you think
The principle of legal professional privilege has long been recognised in common law by the English Courts and is seen as a fundamental principle of justice.
20 September 2016
Disputed wills and mental capacity
If a Will appears rational then there is a presumption that the individual making the will (the testator) had mental capacity and the Will will be admitted to probate unless anyone can produce sufficient evidence to the contrary.
18 August 2016
Everything must go?
The benefits of a publicly owned Land Registry should not be underestimated by solicitors, regardless of specialism, writes Mary Young
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