Private Client Legal Updates (28 July 2021)

Published date30 July 2021
Subject MatterLitigation, Mediation & Arbitration, Family and Matrimonial, Trials & Appeals & Compensation, Wills/ Intestacy/ Estate Planning
Law FirmWedlake Bell
AuthorMs Sally Spicer and Jenny Cutts

A summary of key legal updates for the Private Client sector over the past week is as follows.

Autumn Budget may be postponed

It has been reported that the Chancellor may postpone the Autumn 2021 Budget until Spring 2022 to allow more time for the economic impact of the pandemic and the end of the furlough scheme to become clear. Data on the latter will not be available until November/ December 2021 and the Office for Budget Responsibility requires twelve weeks' notice to provide Budget forecasts. If the Autumn Budget is delayed, it will be for the third successive year. Rishi Sunak weighs up moving budget to 2022 on back of Covid crisis | Budget | The Guardian

Cross-border estate dispute

Pescatore v Valentino & Ors [2021] EWHC 1953 (Ch) is a complex cross-border probate dispute involving "forum-shopping". The deceased's widow applied for (and was granted) probate in England on the basis that the deceased was domiciled in England and Wales. The deceased's children (from his first marriage) commenced proceedings in Italy seeking to apply Italian law to the succession. The widow sought an interim anti-suit injunction to restrain the children continuing Italian proceedings until the English court had determined issues such as the applicable law and the domicile of the deceased. The application required consideration of the personal jurisdiction of the children and the natural forum for the dispute (inter alia). The anti-suit injunction was granted with the judge commenting that it was "forum-shopping" for the children (as British citizens and living in England) to resort to the courts of Italy and was an example of the children using Italian law as "a (metaphorical) stick to beat their stepmother with". Pescatore v Valentino & Ors [2021] EWHC 1953 (Ch) (15 July 2021) (bailii.org)

Co-ownership of land

Ralph v Ralph [2021] EWCA Civ 1106 is a case about a mistaken declaration of a tenancy in common on the TR1 property transfer form...

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