Podcast Location:
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Categories:
Human Rights, Civil Liberties & Public Law
Wills, Inheritance & Succession
Charities
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two-part CPDcast series examines how the right of inheritance and the construction of trusts and wills sits alongside human rights principles. Part One considers the position of adopted and illegitimate children and wills and trust deeds before and after the Family Law Reform Act 1969. It sets out the way in which the law regarding the interpretation of wills has evolved and provides an overview of the ECtHR's decision in Pla & Puncernau v Andorra. Part Two outlines the High Court’s decision in Re Erskine’s Settlement Trust, the issue of interpreting the expression ‘statutory next of kin’ under English law and considers the way in which the Court applied the principle of non-discrimination retrospectively to Re Erskine's Trust.

Outcomes:
After completing the course you will:
  • Have considered the ECtHR's guiding principles with regard to rights of inheritance;
  • Appreciate the ECtHR's emphatic aversion to discrimination against illegitimate and adopted children;
  • Appreciate the way in which the law concerning trusts and wills has evolved following the Family Law Reform Act 1969;
  • Have considered how a court’s decision to refuse to interpret a will in favour of an adopted child was found to have violated Article 8 of the ECHR in Pla & Puncernau v Andorra;
  • Understand the way in which the High Court applied the principle of non-discrimination in Re Erskine Trust, Gregg v Piggott [2012].
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Adoption of Children Act 1926;
  • Brauer v Germany [2009] ECHR 3545/04;
  • Camp v The Netherlands [2001] WTLR 513;
  • Chief Adjudication Office v Maguire [1999] 1 WLR 1778;
  • Family Law Reform Act 1969;
  • Human Rights Act 1998;
  • Inze v Austria [1987] 10 EHRR 394;
  • Marckx v Belgium [1979] ECHR 6833/74;
  • Pla & Puncernau v Andorra [2004] ECHR 69498/01;
  • Re Erskine Trust, Gregg v Pigott [2012] EWHC 732 (Civ);
  • Re Hooper’s Settlement [1943] Ch 116;
  • Secretary of State for Social Security v Tunnicliffe [1991] 2 All ER 712;
  • Shore v Wilson [1842] 9 Cl & F 355;
  • Upton v United Kingdom [2008] 47 EHRR SE24;
  • Wilson v First County Trust (No. 2) [2004] AC 816.

In this two-part CPDcast series David Rowell from 9 Stone Buildings addresses the human rights concerns with the construction of trusts and wills. He outlines the European Court of Human Rights’ guiding principles concerning the right of inheritance and considers why English and European law seems to be in conflict.

Date Recorded: 4th February 2013

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