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Wills and inheritance planning

16 July 2018

Holiday home/Retirement planning: will Brexit wreck it?

As the summer holiday season approaches, those of you lucky enough to have property abroad may be preparing to decamp to your rural idylls in Tuscany, Provence or Southern Spain. Football fans aside I’m also told Croatia is an increasingly popular holiday home destination?

Joseph Austin TEP

4 July 2018

Interpreting an ambiguous Will clause and intentions of the testator (Tish and others v Olley and others)

Joseph Austin explains how the court applied the rules of interpretation to determine the testator’s intention by identifying the meaning of the relevant words in light of various factors, including common sense.

Joseph Austin TEP

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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