We referred to an LSAG advisory note on ID&V in our May 2025 edition (p30). The same advisory note gives some useful guidance for firms on issues to consider when working remotely: ‘You should consider whether your policies, controls and procedures remain appropriate and whether they need adjustment to reflect the ways and methods by …
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Solicitors who are regulated by the SRA are reminded of a recent SDT decision which reinforces the point that there is often little demarcation between professional and private life. The solicitor was before the SDT in relation to a complaint of ‘touching’ work colleagues during an outing. The SRA summarised the position as follows: ‘It …
Continue reading “Duties – personal and professional”
The Law Society has issued a useful reminder relating to identifying money laundering risk in the property market. Practitioners are reminded that ‘conveyancing is one of the highest risk legal services identified in the Solicitors Regulation Authority’s (SRA) sectoral risk assessment.’ The case studies look at some of the money laundering warning signs solicitors and …
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The CA has heard an appeal in which it considered what amounts to ‘residential property’ for SDLT purposes. ‘1. The issue on this appeal is whether stamp duty land tax (“SDLT”) is to be charged on Mr and Mrs Mudan’s purchase of 14 Liskeard Gardens, London SE3 at the rates specified in Table A in …
The deceased’s daughter (D) was contractually entitled to be refunded, out of the estate, the cost of caring for her mother (M) during her final years, the High Court has ruled. This is an unusual ruling but one practitioners should consider carefully given the implications for close family members. The decision could yet be appealed. …
Continue reading “Deceased’s care costs – estate liable”
The Court of Appeal has clarified the meaning of ‘subject to a trust’ in the context of adverse possession claims against estates – and allowed a claim to proceed. On intestacy, the PRs hold the estate assets on a statutory trust under s33 AEA. If the estate includes land subject to a trust, a third …
Continue reading “Trusts – adverse possession; deceased estate”
A decision from the Canadian court provides a useful insight into the extent to which trustees may be personal liable. It is a salutary lesson that executors and estate administrators should consider very carefully whether to engage in litigation. The PRs, as trustees, owe a fiduciary duty to the estate and the beneficiaries. In the …
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When passing sentence on M for a historical sex offence (in the mid-1980s), the judge made no error of principle, nor was there any arguable ground that the sentence was manifestly excessive. M was convicted of buggery under the SOA 1956 and sentenced to three years’ imprisonment. He appealed on the basis that the sentence …
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The CLC has issued an AML alert – but as with many property issues, it is useful content for SRA-regulated firms to consider. Their alert is as follows: ‘We have noticed that where a client has informed a practice that they have saved funds for a property purchase over a period of time, some practices …
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Conveyancers will no doubt be aware that NTSLEAT withdrew its material information guidance without notice in May 2025. This has probably put the nail in the coffin for the ill-fated Property Information Form (5th edition). CQS-accredited firms can use this form or the existing 4th edition. The Law Society has announced that it has paused …
Continue reading “Material information – withdrawn”