The deceased’s daughter (D) was contractually entitled to be refunded, out of the estate, the cost of caring for her mother (M) during her final years, the High Court has ruled. This is an unusual ruling but one practitioners should consider carefully given the implications for close family members. The decision could yet be appealed. …
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The Court of Appeal has clarified the meaning of ‘subject to a trust’ in the context of adverse possession claims against estates – and allowed a claim to proceed. On intestacy, the PRs hold the estate assets on a statutory trust under s33 AEA. If the estate includes land subject to a trust, a third …
Continue reading “Trusts – adverse possession; deceased estate”
A decision from the Canadian court provides a useful insight into the extent to which trustees may be personal liable. It is a salutary lesson that executors and estate administrators should consider very carefully whether to engage in litigation. The PRs, as trustees, owe a fiduciary duty to the estate and the beneficiaries. In the …
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Practitioners are reminded that the new corporate criminal offence that will hold large organisations to account if they profit from fraud comes into force on 1 September 2025. The Economic Crime and Corporate Transparency Act 2023 (ECCTA) created a new corporate criminal offence of ‘failure to prevent fraud’. Under the legislation, an organisation will be …
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M appealed an order for overnight staying contact with F, which had been made despite a fact-finding hearing being listed in respect of alleged domestic abuse. In earlier FLA proceedings, the judge had made specific and serious findings against F – including sexual assaults, and using excessive force to restrain M. And though the judge …
Continue reading “Children – contact; domestic abuse allegations”
Practitioners may be somewhat surprised to note LeO’s latest ‘insight’ regarding complaints about third-party delays. LeO states: ‘Almost half of complaints made to the Legal Ombudsman each year are about communication and delay. And one of the most common features in complaints about delay is whether a service provider is responsible for, or could have …
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The issue of payment of expert witness reports often arises in family proceedings. In this public law judgment, the President of the Family Division considered what should happen where the instruction of an expert witness has been authorised and their fee is to be covered by each party equally – but it exceeds what the …
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Under s44(2) ACA 2002, the court may not grant an adoption order unless the proposed adopter has given notice to the appropriate LA. Compliance with s44(2) is essential. In this case, the adoption application was allowed to proceed even though notice had been given to the wrong LA. For the purposes of s44(2), the ‘appropriate’ …
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New guidance on the use of covert recordings in children proceedings has been published by the Family Justice Council. The guidance is aimed at both professionals and LIPs and comes against the background of an increase in covert recordings by private individuals in family proceedings. The FJC says there is a need for clear guidance, …
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The LA successfully appealed a finding that a baby’s injuries occurred during an assault by F on M, rather than a subsequent event before a second admission to hospital. The child (C), the youngest of five children, suffered severe head injuries in November 2023 at just three weeks old. The parents gave differing and changing …
Continue reading “Children – fact-finding of injuries”