In a recent case in the Royal Courts of Jersey, a bank was fined for not obtaining the necessary authorisation before transferring the assets of a deceased client to a foreign court. This case serves as a useful reminder of … Continue reading
ENGLISH HIGH COURT FINDS TRUSTEES WHO RESISTED A CLAIM FOR THEIR REMOVAL NOT ENTITLED TO COSTS FROM THE ESTATE
In Griffin v Higgs & Ors  EWHC 2498 (Ch), the London High Court heard an appeal against a costs order which prevented the removed executors of a trust from being entitled to an indemnity from the estate in respect … Continue reading
NEW ZEALAND SOLICITOR/EXECUTOR CAUSES MISTAKE WHICH LEADS TO COURT PROCEEDINGS – IS HE LIABLE FOR THE COSTS?
In Crawford v Phillips  NZCA 351, the New Zealand Court of Appeal decided that, notwithstanding one of the executors of an estate may have made a mistake which led to the litigation, all costs should be paid from the … Continue reading
In Thompson v Thompson  EWHC 1338, the High Court in London ruled in favour of a son who sought a declaration based on proprietary estoppel that would entitle him to inherit the family farm upon the death of his … Continue reading
New Zealand Court of Appeal grants reverse summary judgment in claims for dishonest assistance against solicitor
In McKay & Ors v Sandman  NZCA 103, the New Zealand Court of Appeal granted a claim for summary judgment in relation to claims brought on the basis of alleged dishonest assistance. We consider this case further below.
The High Court of England and Wales has upheld a claim by a cohabitant of 42 years under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision, despite her being expressly written out of the deceased’s … Continue reading
In a recent decision, Sargeant v Sargeant  EWHC 8 (Ch), the English High Court considered the circumstances in which the English Court will grant permission for out-of-time applications for financial provision from a deceased’s estate under the Inheritance (Provision … Continue reading
“Dishonesty at its highest level and gravity” – when solicitors commit offences against client estates
This blog post will consider a number of recent cases in England where solicitors have been convicted of offences or struck off the register for misappropriating client funds from deceased estates. These shed light on the surprising levels of abuse … Continue reading
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 financial provision for family members following the landmark English Supreme Court decision in Ilott v … Continue reading
Upcoming webinar – Testamentary freedom – alive & well? Lessons from the UK Supreme Court and across the common law world
On Tuesday 25 April 2017 (9.30am – 10.30am BST/4.30pm – 5.30pm HKT), Richard Norridge, Joanne Caen and Gareth Keillor will deliver a webinar for Herbert Smith Freehills clients and contacts looking at developments in relation to testamentary freedom. The recent decision of … Continue reading