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Rather than giving money to your children directly, you may choose for a variety of good reasons to provide for them by way of a discretionary trust. Such a step is a serious matter, however, and as a High Court case underlined, it is extremely difficult to alter a trust deed after it has been formally executed. The case concerned a father who wished to make provision for his three children from an inheritance of about £450,000 that he had received from his mother. He signed a deed that varied...

Any good lawyer will tell you that it is far better for divorcing couples to agree how their assets should be divided, rather than fighting it out in court. A Court of Appeal case showed, however, that, where personal animosity persists, it is only too easy for the terms of such agreements to themselves become the subject of dispute. The case concerned a very wealthy couple who, following highly acrimonious divorce proceedings, resolved to settle their differences. They signed a consent order which it was hoped would lead to a...

Should vulnerable people who lack the mental capacity to make important decisions for themselves be vaccinated against COVID-19 even in the face of objections from their loved ones? The High Court confronted that uniquely difficult issue in the case of an 80-year-old care home resident who was suffering from dementia. The woman's son did not object to vaccination in principle but was deeply sceptical about the efficacy of COVID-19 vaccines and the speed at which they had been authorised for use. In opposing her vaccination, he argued that her wishes...

Disputes between neighbours frequently inflict enormous emotional and financial harm on all involved. A High Court dispute concerning use of a shared driveway showed why any lawyer would advise sensible negotiation as a far better alternative to litigation. A couple's right of way over the driveway, by which they accessed their rural home, was restricted to passage on foot or by private motor vehicles. Their neighbour, with whom they shared the driveway, launched proceedings against them alleging that they were in long-standing breach of that restriction by permitting its use...