Category: succession

Arguing incompatibility – Local Government Lawyer

Posted August 23rd, 2024 in assignment, families, landlord & tenant, news, succession by tracey

‘Eloise Marriott analyses the Court of Appeal’s ruling in a case where it considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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Local Government Lawyer, 23rd August 2024

Source: www.localgovernmentlawyer.co.uk

Failed succession, residential care and human rights incompatibility – Nearly Legal

Posted January 2nd, 2024 in assignment, housing, human rights, landlord & tenant, local government, news, succession by tracey

‘Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246. We first saw this very sad case on first instance in the High Court. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since 1965. Ms Mailley had lived at the property since she was 11 years old and was now 68.’

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Nearly Legal, 30th December 2023

Source: nearlylegal.co.uk

Widow left out of husband’s will after 66-year marriage wins half of £1m estate – The Guardian

Posted February 16th, 2023 in families, news, succession, widows, wills by sally

‘A widow whose husband of 66 years excluded her and their four daughters from his will, and left everything to their two sons, has won a high court case for a share of an estate worth more than £1m.’

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The Guardian, 15th February 2023

Source: www.theguardian.com

David Torrance: A Tale of Two Accessions: 1952 and 2022 – UK Constitutional Law Association

Posted September 29th, 2022 in burials and cremation, Crown, news, Privy Council, royal family, succession by sally

‘No two Accessions are the same. That of King Edward VII in 1901 was characterised by widespread confusion regarding custom and practice, for Queen Victoria’s succession to the Throne had long ago faded from the public consciousness. This time, the “official mind” was better prepared and the major difference between the Accession of King Charles III in 2022 and that of his mother Queen Elizabeth II in February 1952 was its visibility. By comparing the ceremonial surrounding these Accessions (and some others), this article reveals developments in what Walter Bagehot called the “dignified” constitution over the past seven decades.’

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UK Constitutional Law Association, 28th September 2022

Source: ukconstitutionallaw.org

Residential care, succession and human rights incompatibility – Nearly Legal

Posted September 20th, 2022 in care homes, housing, human rights, landlord & tenant, news, proportionality, repossession, succession by tracey

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

‘How does a jointly held property pass on death?’ – Family Law

Posted September 3rd, 2021 in housing, inheritance tax, news, succession, wills by tracey

‘When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common.’

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Family Law, 31st August 2021

Source: www.familylaw.co.uk

Death and Notices – Nearly Legal

Posted November 12th, 2020 in landlord & tenant, news, notification, postal service, service, succession by tracey

‘Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339. In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal representative of a deceased tenant.’

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Nearly Legal, 8th November 2020

Source: nearlylegal.co.uk

Court of Appeal considers service of notices on deceased tenants – Garden Court Chambers

Posted November 10th, 2020 in landlord & tenant, news, notification, postal service, service, succession by sally

‘In Gateway Housing Association v Begum [2020] EWCA Civ 1339, Nick had been instructed to act for the occupier, Mrs Begum, in the County Court. Her husband had passed away and – as the landlord considered that no one was entitled to succeed the tenancy – Gateway posted a notice to quit to the premises. Because of the requirements of section 18 of the Law of Property (Miscellaneous Provisions) Act 1994, Gateway also posted a copy of the notice to the Public Trustee a few days later.’

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Garden Court Chambers, 22nd October 2020

Source: www.gardencourtchambers.co.uk

Wife who beat husband to death with a hammer permitted to inherit his estate: Challen v Challen [2020] EWHC 1330 (Ch) – New Square Chambers

Posted June 11th, 2020 in diminished responsibility, domestic violence, forfeiture, homicide, married persons, news, succession by sally

‘On 15 August 2010 Sally Challen beat her husband to death with a hammer, wrapped him in a curtain before washing the dishes and driving home. She was convicted of murder on 23 June 2011 and sentenced to life imprisonment, but last year that conviction was quashed by the Court of Appeal. Before the retrial the Crown accepted a guilty plea to a lesser charge of Manslaughter by reason of diminished responsibility, and Mrs Challen was released, having already served her sentence. The Forfeiture rule prevented her inheriting her husband’s estate or taking their joint assets by succession, and in September 2019 she issued proceedings under the Forfeiture Act 1982 for relief.’

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New Square Chambers, June 2020

Source: www.newsquarechambers.co.uk

“For every promise, there is a price to pay” – St Ives Chambers

Posted April 28th, 2020 in estoppel, news, succession by sally

‘The basic ingredients for proprietary estoppel are well known, and many property practitioners would feel comfortable in spotting an estoppel when it has arisen. However, there is a shadowy question that is often avoided – assuming the estoppel is established, what is the actual result? After all, that is what the client will be most interested in!’

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St Ives Chambers, 23rd April 2020

Source: www.stiveschambers.co.uk

London borough defeats Court of Appeal challenge over succession rules – Local Government Lawyer

Posted November 4th, 2019 in housing, landlord & tenant, local government, news, succession by sally

‘The London Borough of Haringey has successfully defended a Court of Appeal challenge over the rules relating to the succession to secure council tenancies.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

Succession and discrimination – death or divorce – Nearly Legal

Posted October 29th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by sally

‘This was a challenge, arising from a possession claim, to the ‘one succession’ rule on secure tenancies.’

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Nearly Legal, 28th October 2018

Source: nearlylegal.co.uk

Court rejects claim ‘one succession rule’ unlawfully discriminated over divorce – Local Government Lawyer

Posted October 26th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by tracey

‘Rules governing the right to take over a social housing tenancy when the former tenant dies do not discriminate unlawfully between widows and divorcees contrary to Article 14 of the European Convention on Human Rights (ECHR), the High Court has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Exploring “Reasonable Financial Provision” – Lewis v Warner – Hardwicke Chambers

Posted January 9th, 2018 in appeals, cohabitation, financial provision, news, succession by sally

‘On 19th December 2017, the Court of Appeal handed down judgment in the case of Lynn Lewis v Thomas Warner [2017] EWCA 2182 (Civ). The case involved “unusual” and “exceptional” circumstances and was the first time that an application by a cohabitee under the amended s1(1)(ba) and 1(1A) of the Inheritance (Provision for Family and Dependents) Act 1975 (‘the Act’) had reached the Court of Appeal.’

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Hardwicke Chambers, 5th January 2018

Source: www.hardwicke.co.uk

Arbitration: ‘Non-existent’ respondents – Law Society’s Gazette

Posted September 4th, 2017 in arbitration, jurisdiction, news, ships, statutory interpretation, succession by sally

‘Where the claimant in an arbitration ceases to exist, it is usually the respondent who contends that the arbitration has been or should be brought to an end. There may then be an issue whether the claimant’s claim in arbitration can survive by, for example, a principle of universal succession (Eurosteel Ltd v Stinnes AG [2000] CLC 470).’

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Law Society's Gazette, 4th September 2017

Source: www.lawgazette.co.uk

Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs – Tanfield Chambers

Posted July 5th, 2017 in abuse of process, agricultural holdings, appeals, disclosure, jurisdiction, landlord & tenant, news, retirement, statutory interpretation, succession, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’

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Tanfield Chambers, 4th July 2017

Source: www.tanfieldchambers.co.uk

Disputed trusteeship: Shergill v Khaira yet again – Law & Religion UK

Posted April 25th, 2017 in news, Sikhism, succession, trusts by sally

‘The Chancery Division has handed down the latest judgment in the long-running saga about the disputed trusteeship of two Sikh gurdwaras in High Wycombe and Birmingham. In Shergill & Ors v Khaira & Ors [2017] EWHC 883 (Ch), HHJ Purle QC, sitting as a Judge of the High Court, found for the claimants.’

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Law & Religion UK, 21st April 2017

Source: www.lawandreligionuk.com

Turley v Wandsworth LBC (Secretary of State for Communities and Local Government intervening) – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’

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Arden Chambers, 24th March 2017

Source: www.ardenchambers.com

Sheffield CC v Oliver – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’

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Arden Chambers, 4th April 2017

Source: www.ardenchambers.com

Testamentary freedom vs claims by family members – OUP Blog

Posted April 4th, 2017 in appeals, charities, families, news, succession, Supreme Court, wills by sally

‘Should a person be free to dispose of property as she wishes on death, or be forced to leave it to certain family members? This is one of the most fundamental questions in succession law. Some (particularly continental European) jurisdictions allocate compulsory portions to certain family members, irrespective of any will. England and Wales, however, has a default testamentary freedom principle combined with the Inheritance (Provision for Family and Dependants) Act 1975, allowing certain people to claim discretionary provision out of the estate in limited circumstances.’

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OUP Blog, 4th April 2017

Source: www.blog.oup.com