Private Wealth & Charities Podcast – Episode 2

The second episode of our Private Wealth and Charities podcast series considers some recent decisions from the English courts in respect of out of time claims for reasonable financial provision brought under the Inheritance (Provision for Family and Dependants) Act 1975. The second episode of the series is also now live on Apple Podcasts, SoundCloud, … Read more

Court of Appeal overturns High Court decision in Cowan v Foreman to grant permission to bring claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 17 months out of time

In the recent decision in Cowan v Foreman [2019] EWCA 1336 the Court of Appeal overturned the first instance decision and granted permission to the applicant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Act“) 17 months out of time. Confirming that the guidelines in Berger v Berger … Read more

High Court refuses permission to bring out of time application under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 in Hendry v Hendry & Pertiwi [2019] EWHC 1976 (Ch)

In the latest in a series of decisions on out of time claims, the High Court refused permission to bring an out of time claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Act“) where the claimant had failed to promptly bring her claim. The decision is a reminder both for claimants … Read more

English High Court considers presumption of advancement between parent and child in context of parent’s bankruptcy following substantial gifts to child

In Nicholas Stewart Wood and David John Standish (as the joint trustees in bankruptcy of Karl Eric Watkin) v Kate Rebecca Watkin [2019] EWHC 1311 (Ch), trustees in bankruptcy sought to establish that a bankrupt (the Bankrupt) was the sole beneficial owner of three properties (the Properties), ostensibly purchased by him for his adult daughter. … Read more

Beware the conditional gifts – High Court rules children of beneficiary take gift subject to conditions subsequent in will despite lack of knowledge

A recent decision of the High Court clarified that where a beneficiary of a will predeceases the testator and the gift vests in the beneficiary’s children under s. 33 of the Wills Act 1837, those children take the gift subject to the same condition subsequent that would have bound the beneficiary. The ruling also confirmed … Read more

FATF Guidance in relation to the Risk Based Approach for Trust and Company Service providers – helping TCSPs design effective measures to manage money laundering/terrorist financing risks

The Financial Action Task Force (FATF) published updated guidance in relation to the Risk Based Approach (RBA) for Trust and Company Service Providers (TCSPs) on 26 June 2019 (the Guidance).  A copy of the Guidance can be found here. The Guidance has been developed to assist TCSPs professionals, practitioners with TCSPs as customers, and countries … Read more

New look Private Wealth and Trust Disputes Blog

Welcome to the new look Herbert Smith Freehills Private Wealth and Trust Disputes Blog. Our blog has recently been updated with a new design. As well as a new look, the subscription process of our blog has recently been updated. Our blog now offers the opportunity to choose what jurisdictions/categories you want to receive alerts … Read more