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Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
In Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, the Court of Appeal appeared – controversially – to take the view that a court could not lawfully compel parties to a civil dispute to participate in an alternative dispute resolution process.
Save in exceptional circumstances, the court will not interfere in the exercise of trustee’s discretionary powers. That is the non-intervention principle.
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From time to time, a disappointed beneficiary may challenge the validity of a will, by alleging that the testator lacks capacity to make a will, that the testator did not know or approve the contents of the disputed will, or even perhaps that the will was forged.
Beneficiaries are often unhappy about the extent to which an estate or trust fund has been eroded by legal costs.
The Trusts of Land and Appointment of Trustees Act 1996 introduced pivotal substantive reforms to English land law, in particular ridding it of the outmoded concept of the trust for sale and replacing it with the trust of land.
The latest in a long line of judgments in this probate dispute, Rea v Rea [2024] EWCA Civ 169, was handed down by the Court of Appeal on 23 February 2024.
Re Mattingley is a relatively recent decision of the High Court concerning an alleged secret trust.
Two recent authorities have considered the application of general costs rules to contentious probate and administration proceedings and the ability of personal representatives to rely on their indemnity for properly incurred legal costs from the estate.
Two recent decisions, the Court of Appeal in Patley Wood Farm LLP v Kicks [2023] EWCA Civ 901, and the Supreme Court in Brake v Chedington Court Estate Ltd [2023] UKSC 29, have provided welcome support for trustees in bankruptcy facing claims under section 303 of the Insolvency Act 1986.
The Court of Appeal recently handed down judgment in Zedra Fiduciary Services (UK) Ltd v Attorney General [2023] EWCA Civ 1332.
The Capital Gains Tax treatment of disposals between separating and divorcing spouses or civil partners is a rare example of a recent tax reform which has worked swiftly, sensibly and to the advantage of taxpayers.
It is a truth universally acknowledged that a disappointed beneficiary of a deceased’s estate will assume that chicanery has been committed in the testamentary process.
The dispute over the estate of Evan Hughes first went to trial in 2021, was partially reversed on appeal in 2022 and was eventually re-tried – with a diametrically opposed result to the result of the first trial – in 2023. The judgment of HHJ Keyser KC in Hughes v Pritchard [2023] EWHC 1382 (Ch) represents a useful example of the potential pitfalls of proprietary estoppel claims and the uncertainty inherent in this area of litigation, even after the Supreme Court’s recent judgment in Guest v Guest [2022] UKSC 27.
It is fairly common for an owner of a flat to own their particular residence outright on a long lease, and also to own a share in the freehold as a shareholder of a separate management company.
Dean Brunt died tragically on 8 December 2007 at the age of 35, having stepped out onto a track in front of a train. After his death, his mother Marlene obtained letters of administration and Dean’s estate was distributed to her under the intestacy rules.
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