Publications by Area of Law


Mutual Wills: the case of Legg and Burton v Burton and others A proprietary estoppel solution to replace the need for a binding contract?

Barrister: John Dickinson
Area of Law:  Wills, Trusts & Tax
Date: 14 August 2017
Summary: The case contains a useful summary of the mutual wills doctrine. HHJ Matthews considered submissions made on the fallibility of memory, referring to the decision of Leggatt J in Blue v Ashley [2017] EWHC 1928 (Comm) and he analysed the evidence in terms of its inherent probability and the plausibility of the Claimants’ case. HHJ Matthews finds a proprietary estoppel route around the problem in the much criticised case of Healey v Brown [2002] EWHC 1405 (Ch), in which section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 was held to prevent a binding contract from arising for a specific gift of an interest in land and this in turn prevented a mutual wills constructive trust from being established. There is an interesting analysis of when a mutual wills constructive trust crystallises.  HHJ Matthews considered that in a mutual wills case the constructive trust would generally arise on the death of the second testator, unless the agreement made between them had some term providing to the contrary. He considered whether the mutual wills constructive trust satisfied the so-called ‘three certainties’ rule, being (1) the intention to make a gift, (2) over what property and (3) who to. HHJ Matthews explains that the ‘three certainties’ rule is not a rule about trust law but rather a rule about property law, and that trusts being part of property law must follow that rule.  The judgment is available here.

Download article: Mutual Wills: the case of Legg and Burton v Burton and others – A proprietary estoppel solution to replace the need for a binding contract?  

Value judgment – Ilott v Mitson [2017]

Barrister: Natasha Dzameh
Area of Law: Wills, Trust and Tax                                                                                      Source: Trusts and Estates Law & Tax Journal May 2017
Date: May 2017

Summary: Natasha Dzameh reviews the case of Ilott v Mitson [2017] UKSC 17 and its impact upon claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).

Download articleValue judgment – Ilott v Mitson [2017]

Clarification on Beddoe orders and protective costs – Pettigrew and others v Edwards [2017] EWHC 8 (Ch)

Barrister: Natasha Dzameh
Area of Law: Wills, Trusts and Tax
Source: http://www.bailii.org/ew/cases/EWHC/Ch/2017/8.html
Date: 02 February 2017

Summary: Natasha Dzameh, a member of our Commercial and Chancery team, provides a quick note on the recent case of Pettigrew and others v Edwards [2017] EWHC 8 (Ch) in which judgment was handed down by Master Matthews on 12 January 2017. Natasha was present at the first hearing in this matter. The trustees were represented by Guy Adams who is also a member of Chambers’ Commercial and Chancery team.

Download article: Clarification on Beddoe orders and protective costs – Pettigrew and others v Edwards [2017] EWHC 8 (Ch)

Trusts and co-ownership

Barrister: Jody Atkinson
Area of Law:  Wills, Trusts and Tax
Summary: Jody has recently written an article in the December edition of the Trusts and Estates Law and Tax Journal on the case of Ely v Robson [2016]. In 2016, Jody appeared for the successful party before the Court of Appeal in the case of Ely v Robson [2016] EWCA Civ 774. Jody upheld an oral agreement, reached on a park bench, as to how an unmarried couple owned their family home. This is an important decision in the field of proprietary estoppel and constructive trusts.

Download article: Trusts and co-ownership: no backing out now

Wills: At Your Disposal?

Barrister: John Dickinson and Natasha Dzameh
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 27th August 2016
Summary: John and Natasha have recently co-authored an article in the September edition of the Trusts and Estates Law and Tax Journal analysing the case of Amiee Shannon Steed (a Child by her litigation friend, Marilyn Joy Winn) v Christopher John Steed (2016). This was a two-day will construction trial heard in the Chancery Division of the High Court of Justice at Bristol District Registry by Mr Justice Newey. John and Natasha’s article details the key factors considered by the court in determining whether a disposition to an executor takes effect as a gift to the executor.

Download article: Wills: At Your Disposal?

Wills: At Your Disposal?

Barrister: John Dickinson and Natasha Dzameh
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 27th August 2016
Summary: John and Natasha have recently co-authored an article in the September edition of the Trusts and Estates Law and Tax Journal analysing the case of Amiee Shannon Steed (a Child by her litigation friend, Marilyn Joy Winn) v Christopher John Steed (2016). This was a two-day will construction trial heard in the Chancery Division of the High Court of Justice at Bristol District Registry by Mr Justice Newey. John and Natasha’s article details the key factors considered by the court in determining whether a disposition to an executor takes effect as a gift to the executor.

Download article: Wills: At Your Disposal?

Executors: A costly sibling clash

Barrister: Nicholas Pointon
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 11th July 2016
Summary: In 2015, Nicholas successfully represented the claimant in the case of Wilby v Rigby [2015] EWHC 2394 (Ch); [2015] W.T.L.R. 1845 (Ch D) in a claim to remove her brother as executor of their late mother’s estate and to substitute an independent administrator in a pre-grant application under Section 50 of the Administration of Justice Act 1985. Nicholas’ article reports on the useful points on applications for the removal of executors.

Download article: Executors – A costly sibling clash

Power Play – LPAs and the Court of Protection

Barrister: Adam Boyle
Area of Law: Wills, Trusts and Tax / Court of Protection
Date: 01 May 2016
Summary:  Specialist commercial and chancery barrister Adam Boyle, looks in detail at the judgment in Miles & Beattie v The Public Guardian, in which Adam acted for the appellant, which left the law in a state of confusion in respect of what can be specified about a joint power of attorney in a lasting power of attorney. This article first appeared in the May 2016 edition of PS, the magazine of the Private Client Section of the Law Society

Download publication: Power Play

Costs Budgeting

Source: New Law Journal
Barrister: Charles Auld
Area of Law: Commercial and Chancery
Date: 25th March 2016
Summary: Charles Auld and academic pupil, Dr Kate Harrington have joined forces again to write an article which is published in the New Law Journal.  They examine costs budgeting in some detail, arguing that, whilst at first sight it looks an attractive solution, rather than reducing the overall costs faced by litigants, it can actually make a significant increase in those costs.  They conclude that Costs Budgeting is “effectively expensive informed guesswork that exerts no control on the overall costs of litigation”.

 

 

The promised land – proprietory estoppel

Source: Law Society Private Client magazine
Barrister: Adam Boyle
Area of Law: Wills, Trusts and Probate
Date: 25th July 2014
Summary:  Adam outlines the lessons to learn from the recent high-profile proprietory estoppel case of Davies v Davies in which our very own Leslie Blohm QC was instructed. Leslie successfully represented the farmer’s daughter both in the High Court and on appeal in her claim to an entitlement to or interest in the family pedigree Holstein/Friesian diary farm resulting from years of underpaid work, by reason of proprietary estoppel.

Download publication: The promised land