Login here
Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Law Categories:
Private Client: Wills, Trusts and Probate
CPD Points:
Up to one point - details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority / ILEX:
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 ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
Standard rate: £25+VAT - Corporate users will pay less.
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This course provides an update for practitioners of all levels of experience on the recent cases of Charman v Charman and Stack v Dowden. It also gives a good introduction and discussion of the legal issues arising from the cases providing a useful insight for practitioners.

Outcomes:
After completing the course you will:
  • Have been updated on the facts and issues in Charman v Charman and what the House of Lords decided on the issue of whether discretionary trusts can be included in the assets available for division on divorce;
  • Understand the elements of what needs to be proved to establish that a trust is actually a sham;
  • Have been updated on the facts and issues in Stack v Dowden and how the House of Lords dealt with the issue of implied trusts;
  • Understand the concept of ‘equitable accounting’ in relation to the Stack and Dowden decision;
  • Have been updated on the Carvel case and understand the doctrine of mutual wills and its application in the case.
Level:
Intermediate Difficulty: of 5
Sources and References:
  • Matrimonial Causes Act 1973;
  • Insolvency Act 1986;
  • Trusts of Land and Appointment of Trustees Act 1996;
  • Judicial Trustees Act 1896;
  • Trustee Act 1925;
  • Trustee Act 2000;
  • Administration of Justice Act 1985;
  • Murphy v Gooch [2007] EWCA Civ 603;
  • Charman v Charman (No 2) 2007] EWCA Civ 503;
  • Stack v Dowden [2007] UKHL 17;
  • Avis v Turner & Anor [2007] EWCA Civ 748;
  • Thompson v Thompson [1986] Fam 38;
  • Thomas & Agnes Carvel Foundation v Pamela Carvel and Carvel Foundation Inc. [2007] EWHC 1314 (Ch).

In this podcast Emily Gillett and Leigh Sagar, both barristers at New Square Chambers, discuss recent issues in trusts law. Their discussion covers issues arising from the high profile case of Charman v Charman, including how trusts come to be considered when an application for ancillary relief is made under the Matrimonial Causes Act 1973 and attacking a trust by allegations of sham. They also discuss the House of Lords decision in Stack v Dowden concerning implied trusts and the relevant provisions of the Trusts of Land and Trustees Act 1996. The final case discussed in the podcast is the first instance decision in Thomas & Agnes Carvel Foundation v Pamela Carvel and Carvel Foundation Inc. This involved a claim brought under the doctrine of mutual wills and it highlights the courts’ supervisory powers over trusts under the Judicial Trustees Act 1896.

The podcast provides an engaging and informative update on recent case law for practitioners as well as a general introduction to the areas covered.

Podcast Added: 8/11/2008

This podcast has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

© CPDcast.com