Private Client analysis: The long-awaited decision in Guest v Guest has been handed down. Many had hoped it would clarify the somewhat higgledly-piggledly law in this area and provide a user-friendly rubric for practitioners. The question arises: has that been achieved? On one analysis the answer is simple—yes it has. What was once described by Lord Justice Lewison in Davies v Davies as the ‘lively controversy’ about the essential aim of the exercise when the courts assess remedies in proprietary estoppel cases has now been put to bed. In fact Lord Briggs, who wrote the majority judgment in Guest, perhaps goes even further and denies that the controversy should ever have been thought ‘lively’ in the first place. In essence, the aim of the remedy is, in Lord Briggs’ words, ‘to remedy unconscionability mainly by satisfying expectation’. The main takeaway being that the ‘fulfilment of the promise’ is ‘likely to be the starting point’ in...
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Private Client analysis: The High Court Chancery Division recently delivered judgment following a five-day contested hearing in a dispute involving the estate of the late Anna Rea who died in 2019. The dispute concerned which of two Wills made by the testatrix, in 1986 and 2015 respectively, should
Trust disputes—asset tracingIn some circumstances a beneficiary will want to recover a specific asset. Tracing as a remedy will be the preferred option as the claimant seeks to establish a proprietary right to the asset.It is important to make the distinction between tracing the asset that was
Administration actions—personal representatives and the deceased's liabilitiesDuring the lifetime of the testator they will enter in obligations in respect of contracts, covenants, debts, duties etc. Generally these obligations will subsist after their death and while their personal representative
What steps should be taken where a trust deed has been lost and a copy cannot be located?In the case of a missing trust deed, the first step would be to conduct a very thorough search for the original document or a copy of the document, consider contacting (amongst others) the following people:•the
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