Landmines in executing trust and estate plans involving passion assets: From valuation dilemmas to fiduciary push backs
First seen in STEP Journal.
Download PDFMoney's too tight (to mention)…has it become easier to fund a divorce?
Download PDFDilapidations in the dock
In the first of a two-part article on dilapidations claims, Jonathan Ross examines why they seem to be on the increase and presenting courts with ever more problematic issues. First published in RICS Property Journal, November 2013
Download PDFUse as a private dwelling may prevent sub-letting
The Message: Sometimes it is better to leave an issue well alone.
The Case: The Upper Tribunal has determined whether a flat let to the lessee for use as a private dwelling can be sub-let (Burchell-v-Raj Properties Limited (23 September 2013)).
Read moreTestamentary capacity: Satisfying banks v Goodfellow
Simon v Byford demonstrates that the courts will not set aside lightly a will because the testator has failing cognitive faculties. Harriet Atkinson and Zahra Kanani analyse the case.
First published in Trusts and Estates Law & Tax Journal, October 2013.
Download PDFFamily Investment Companies: Prest v Petrodel resources ltd .
Are family investment companies still a viable alternative to trusts?
First seen in STEP Journal.
Download PDFRegulation of private investigators
The regulation of private investigators should raise industry standards, says Bryan Shacklady, but solicitors must remain vigilant
Read moreNeed for peace and quiet leaves car auction firm fuming
The message: Location dictates whether noise is a nuisance.
The case: The Court of Appeal has emphasised the character of the locality is important in deciding whether a business is causing a nuisance, in Merthyr Tydfil Car Auction vs Thomas (11.07.13).
Read moreTake it away, boys: fixtures are not part of land
The message: a tenant can remove substantial plant and equipment from premises.
The case: In an important case for tenants who cease to trade, the court has clarified the law with regard the removal of fixtures and fittings, in Peel Land & Property (Ports No 3) vs TS Sheerness Steel (14.06.13).
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