Private Wealth and Trust Disputes Notes

UK Supreme Court holds testamentary charitable gifts to Jersey were entitled to inheritance tax relief

In Routier and another v Commissioners for Her Majesty's Revenue and Customs [2019] UKSC 43, the UK Supreme Court overturned an earlier Court of Appeal …

UK: Charity Commission freezes bank accounts pending investigation into grant-giving charities with common trustees

Court of Appeal confirms test for dishonesty in dishonest assistance claims

In Group Seven Limited & Ors v Notable Services LLP & Ors [2019] EWCA Civ 614, the English Court of Appeal held inter alia (overturning a first …

Recent English Court of Appeal decision in relation to scope of fiduciary duty in a "secret commissions" case

In a recent decision, the English Court of Appeal has found that there was no breach of fiduciary duty where the amount of commission received by a …

Confusion in the English High Court over out of time Inheritance Act claims

The English High Court has recently issued two apparently inconsistent judgments in relation to out of time claims brought under the Inheritance …

ENGLISH HIGH COURT FINDS TRUSTEES WHO RESISTED A CLAIM FOR THEIR REMOVAL NOT ENTITLED TO COSTS FROM THE ESTATE

English High Court finds son entitled to family farm based upon proprietary estoppel

In Thompson v Thompson [2018] EWHC 1338, the High Court in London ruled in favour of a son who sought a declaration based on proprietary estoppel that …

English High Court considers scope of beneficiaries right to request information from trustees

In the recent case of Lewis v Tamplin ([2018] EWHC 777 Ch) the London High Court was asked to exercise its jurisdiction to supervise trustees in the …

Supreme Court considers limitation defence where directors have benefited from breach of fiduciary duty

The UK Supreme Court has recently considered section 21(3) of the Limitation Act 1980 which provides or a six-year limitation period for actions by a …

UK Supreme Court considers test for dishonesty in criminal cases

The Supreme Court of England and Wales in its recent decision in Ivey v Genting Casinos [2017] UKSC 67 ("Ivey") took the opportunity to reassess the …

London High Court considers trustee decision-making processes

The High Court of England and Wales has provided useful guidance for trustees generally as to the scope of their powers and the manner in which they may …

Ilott v The Blue Cross and others – testamentary freedom and financial provision for family members around the common law world

On 25 April 2017 Richard Norridge, Joanna Caen and Gareth Keillor delivered a webinar on the state of the law relating to testamentary freedom and …