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November 6, 2017

I will speak briefly about:

The court’s power to rectify a will set out in section 20 Administration of Justice Act 1982

The approach of the court

Clerical error

Failure to understand instructions

Ascertaining the intentions of the testator

The court’s power to rectify a will set out in section 20 Administration of Justice Act 1982

Section 20 of the Administration of Justice Act 1982 enables the court to order a will to be rectified so as to remedy a failure to carry out the testator’s intentions in c...

May 1, 2017

This post briefly discusses three questions:

1.   What is the legal basis for claiming equitable compensation for breach of fiduciary duty?

2.   Is a tenant in common (‘A’) potentially liable to a personal representative (‘B’) of a deceased co-owner (‘C’), to pay equitable compensation for loss of development value (‘DV’), on the grounds of breach of fiduciary duty, where A has applied for a sale of land under s.14 of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) as a...

February 6, 2017

Introduction

‘FAs 2015 and 2016 have introduced a residence nil-rate band which enormously complicates the drafting of wills…’ ‘Drafting Trusts And Will Trusts – A Modern Approach’, by James Kessler QC & Charlotte Ford (13th Edition) (December 2016) (‘Kessler’).

‘Although the intention is to ensure that the house can be passed on death with the benefit of the additional nil rate band, this is not how the rules work. The extra nil rate band is set off against the chargeable estate and so reduces t...

October 10, 2015

In this note all paragraph references are to the Official Transcript (171 pages). 

 

 

 

 

 

Lessons.  Facts.  Allegations. State of mind. Witnesses of fact . Experts.  Submissions. Conclusion. Order.

 

‘Both Dr Ardron and Professor Jacoby agreed that whilst it was for the court to determine the facts, the case appeared to hinge upon whether the decision to disinherit [the younger son] was, or was not, based upon confabulations…In all 1 TEP (www.ihtbar.com), author of The Advocate and Expert in...

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