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Hot off the press – Law blogs
I blog on topics which will interest and be useful to you. If you would like me to blog about a topic not mentioned here already, please let me know by emailing richard@mortlakelaw.co.uk and I’d be happy to research and write something for you.
Invalidating a will due to undue influence
In a rare occurrence, the High Court invalidated a will due to undue influence.
Background:
Mr. William Oliver had five surviving children and passed away in May 2018. He and his...
Divorce overseas and ensuing financial provisions
Financial provision after an overseas divorce is regulated under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). For the dissolution of a civil partnership, the financial...
Litigation costs cannot be part of a substantive award for inheritance purposes
The High Court ruled that litigation costs must be kept separate from any Inheritance (Provision for Family and Dependants) Act 1975 awards.
Background:
The claim concerns the estate of Fiaz Ali...
The welfare of the child is paramount in situations of non-therapeutic circumcision
The High Court rejected a father’s request for a non-therapeutic circumcision of his son who is subject to a care order.
Background:
G is a 16-month-old boy subject to a care...
The transfer of property subject to conditions and/or limitations can give rise to a constructive trust
The High Court was faced with a very complex case, lengthy facts and a bitter dispute which boiled down to a property transfer intended to save inheritance tax and whether...
Can a step-parent legally acquire parental responsibility?
The question is often raised as to whether a step-parent living with their partner's child can acquire parental responsibility and, if so, how. The law is clear that a step-parent...
If there is a charitable intention in a will you must make it clear
The First-tier Tribunal (FTT) ruled that for a lower inheritance tax to apply, a will must be clear as to its charitable intentions.
Background:
Samuel Marks and Hilda Marks (HM)...
When is moving from supervised to unsupervised contact with children a red flag?
The High Court quashed a lower court decision due to serious procedural errors and the perception of potential harm to the children.
Background:
The parties had been married but, after they...
Can one partner have beneficial ownership in a joint property?
The High Court was faced with a dispute concerning the beneficial ownership of a property in a bankruptcy context.
Background:
Around 2000, Mr. and Mrs. Cynberg started a relationship together...
Is parental consent required for the treatment of a minor child?
The High Court was faced with the delicate question of whether parental consent was sufficient for the treatment and restraint of a 12-year-old suffering from severe anorexia nervosa...
Beware a lack of capacity when it comes to engaging in sexual relations
The Court of Protection had to decide whether a person with severe short-term memory loss lacked capacity to make a decision regarding her sexual relations.
Background:
PS is a 79-year-old woman...
Crypto assets: Can I ensure my ex-partner does not sell them before the divorce is finalised?
This was the overarching question at the heart of the decision in Armeniakou vs Thomson, whereby the High Court was asked to apply a worldwide freeing order relating to substantial...
Interpretation and rectification of a will: Is an adopted child still entitled to her biological grandfather’s estate?
That was the central question that the High Court had to answer in Coulson v Paul.
Background:
The claimant is the biological daughter of John Paul, the testator's son, while the...
What is an ‘intolerable situation’ as defined under Article 13(b) of the Hague Convention?
The High Court considered the scope of the ‘intolerable situation’ that it must consider under Article 13(b) of the Convention of 25 October 1980 on the Civil Aspects of International...
Insolvent estates
The High Court was faced with questions regarding the administration of a potentially insolvent estate. The administrator sought direction from the Court, known as a Beddoe application, as to the...
The immigration status of a child is of paramount importance in care proceedings
The High Court concluded that family proceedings cannot be used to influence the Home Office in making a decision, even if it is in the best interest of the child...
Incentivisation arrangement and their tax treatment
The Court of Appeal (CoA) ruled that an enforceable right to the relevant payment is not needed for it to fall within income taxable under Section 687 of the Income...
A sperm donor can be the legal father
The Court of Appeal (CoA) confirmed a High Court decision that a sperm donor can be the legal father of a child.
Background:
This case concerned an application by a biological...