Trusts and Estates

It is often necessary to litigate on behalf of someone who lacks capacity. This article considers the test for litigation capacity, and issues concerning litigation friends. This will include obtaining authorisation from the Court of Protection to..

The March 2019 issue of Trusts & Estates addressed possible circumstances that might lead trustees to make applications to the Court and the method by which they would do so. In H & Others v S Trustees et al,1 the issue facing the trustee..

This recent decision in respect of the application of the self-dealing rule to a sale of shares to one of the trustees (and objects) of a discretionary trust is interesting in demonstrating the court’s relatively rigorous approach to the application..

It is often an assumption that the Court of Protection will authorise lifetime tax planning as a “good thing” for P to do, particularly where the person concerned has substantial assets which they will not need in their lifetime.However, following..

“Witness statements have ceased to be the authentic account of the lay witness; instead they have become an elaborate, costly branch of legal drafting.” These were the words of Lord Woolf in his final report on Access to Justice in July 1996. Lord..

Anyone familiar with the Jackson reforms would be forgiven for thinking the answer to the question in the title was simply “no”. On 23 May 2019, the High Court in Clarke v Allen [2019] EWHC 1193 (Ch) and 1194 (Ch) confirmed that “no” was indeed the..