All Analysis articles – Page 2
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AnalysisRestrictive covenants: breach now – apply later?
Jennifer Meech comments on an appeal case where the developer waited until after construction was finished to apply for a restrictive covenant to be discharged.
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AnalysisUndue influence: what is sufficient legal advice?
Roman Kubiak considers two contentious probate cases: an attorney’s application to be appointed as substitute personal representative in place of a donor; and a property transfer set aside for presumed undue influence.
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AnalysisTake it easy: what qualifies as an easement?
Kate Andrews considers how the Supreme Court has expanded the law of easements in relation to leisure and amusement in a recent appeal decision.
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AnalysisStrike and you’re out: contradictory probate claims
Roman Kubiak breaks down the complex case of Bhusate v Patel & Ors [2018] EWHC 2362 (Ch), in which the claimant suffered a heavy defeat after pleading contradictory alternative claims.
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AnalysisWild west partnerships: who owns what?
Jennifer Meech looks at the case of Wild v Wild [2018] EWHC 2197 (Ch) to help unravel ownership when profits are shared but property is not.
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AnalysisProbate update: misappropriate behaviour
Roman Kubiak discusses some more of the headline legal cases from last few months, including the misappropriation of a vulnerable person’s assets.
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AnalysisProbate update: Put an estoppel to that
Despite the summer break, it seems that the contentious trusts and probate world is as busy as ever. Roman Kubiak discusses some of the main cases to hit the legal headlines over the past few months.
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AnalysisIn need of a break: constructing break clause pre-conditions
Kate Andrews considers whether the case of Goldman Sachs International v Procession House Trustee Ltd is a shift away from the norm when construing break clauses.
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AnalysisPayne in the probate: witness signatures and unauthorised withdrawals
This month Roman Kubiak looks at an appeal where a will was upheld despite lacking witness signatures and a case where an attorney has been ordered to account for unauthorised payments from their father’s estate.
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AnalysisWho pays for a property fraud? Determining liability post P&P and Dreamvar
Jennifer Meech outlines the facts of the recent high profile Dreamvar and P&P appeals
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AnalysisBe reasonable: estate admin fees and financial provision for cohabitants
This month, Roman Kubiak looks at a case where beneficiaries of an estate challenged the reasonableness of fees incurred by executors in instructing two different firms, and a recent claim by an elderly cohabitee for reasonable financial provision who was awarded an outright transfer of property and capital lump sum.
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AnalysisGranting the ungrantable: fencing easements after Churston Golf Club v Haddock
A recent Court of Appeal judgment suggests the difference between an easement to fence and a covenant to fence is actually very small, writes Jennifer Meech of Enterprise Chambers.
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AnalysisFollow your lease to the letter
In TGC Pubs Ltd [2017] EWHC 772 (Ch), the High Court considered whether a letter given to the landlord constituted the grant of an option to purchase, as required by the lease and whether a subsequent request to assign had been properly made.
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AnalysisSpotlight: Ilott v The Blue Cross and others [2017] UKSC 17
Henrietta Mason comments on the long-awaited Supreme Court decision on whether a will failed to make reasonable provision for the deceased’s daughter and the grounds upon which a claim for provision can be brought.
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AnalysisIs an oral contract for the sale of land enforceable?
In Matchmove Ltd v Dowding, the High Court was asked to decide whether an oral contract for the sale of land is enforceable.
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AnalysisThe investment landscape in 2017: what next?
Patrick Connolly offers some guidance on how best to advise clients about handling their investments in a post-Brexit / Trump landscape.
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AnalysisA costly mistake: Artist Court Collective Ltd v Khan
Overlooking the pre-emption rights of the owners of residential flats as set out in the Landlord and Tenant Act 1987 (LTA 1987) can be a costly mistake for property owners, warns Peter Reekie.
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AnalysisSurvivorship clauses and the commorientes rule
Lesley King discusses survivorship clauses in wills following death and the recent judgment in Jump v Lister.
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AnalysisContentious Probate Update - December 2016 (Part 1)
Roman Kubiak rounds up significant probate cases in recent months, including the Supreme Court judgment which overrules the reliance-based approach on illegality in Tinsley v Milligan.
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AnalysisSpotlight: No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd
This recent High Court decision of No 1 West India Quay [2016] EWHC 2438 (Ch) will impact on landlords and tenants in situations where tenants want to assign a lease and a landlord wishes to or has refused consent. Kate Andrews, partner at Hamlins, analyses the judgment in more detail.