Private Wealth and Trust Disputes Notes
Tag: uk court decisions
Showing 24 out of 24 results
Mental illness and testamentary capacity
In a recent blog post, we covered the case of The Vegetarian Society and Scott, where mental illness did not invalidate a Will on the grounds of mental …
English Court of Appeal confirms wide jurisdiction in divorce case
The English Court of Appeal in Sekhri v Ray ([2014] EWCA Civ 119) confirmed that a husband and wife were both legally domiciled in England, despite …
United Kingdom Supreme Court: knowing recipients and dishonest assisters in fraudulent breaches of trust can rely on 6 year limitation period as a defence
In a recent decision, Williams v Central Bank of Nigeria [2014] UKSC 10, a majority of the United Kingdom Supreme Court held that knowing recipients and …
UK Supreme Court considers mental capacity threshold for conducting legal proceedings
The UK's Supreme Court was recently asked in the case of Joanne Dunhill (by her litigation friend Paul Tasker) v Shaun Burgin to consider the test when …
Accidentally signed the wrong Will – can the Court fix it?
A husband and wife each accidentally signed Wills prepared for the other, due to an oversight on the part of their solicitor. Could a Court correct this …
Does mental illness mean that legally you lack mental capacity?
With its wealthy ageing population, Hong Kong is seeing an increasing number of issues arising from failing mental capacity. A recent case from …
Suspended prison sentence for husband's non-compliance of a court order to transfer Trust property to the wife
The past two or so years have seen a stream of litigation cases arising from divorces. Very often, the problems arise when one party to the divorce …
Gifts made in contemplation of death
Ordinarily, a Will would govern what happens to assets on a death. Donatio mortis causa is an exception to that rule, which provides a …
Time is money – limitation periods in the context of provision applications
In general, when someone dies their Will (assuming it is valid) is the final arbiter of where that person's money and other property go. However, …
Court takes strict line on solicitor's duty to follow client's instruction to draft will
A proposed beneficiary under a Will loses out because a solicitor fails to prepare that Will. Can that beneficiary make a claim against the …
The UK Supreme Court rules on whether properties held by companies controlled by the husband can be subject of an ancillary relief order (and provides important guidance on "piercing the corporate veil")
On Wednesday (12 June 2013) the UK Supreme Court handed down its much anticipated judgment in Prest v Petrodel Resources Limited and others [2013] UKSC …
The UK Supreme Court rules on the ability to set aside transactions in the case of trustees' errors
Where trustees have undertaken transactions with unintended consequences (usually unwanted or unexpected tax consequences), they have been able to …