Stronghold Brief
A roundup of recent legal, tax and estate insights affecting UK individuals and families
This is our roundup of recent legal insights affecting individuals and families. Today, we highlight three must-read articles on family and estate law from Irwin Mitchel, Mishcon and Pennington Manches Cooper.
1. Judgment on 79 Divorced Couples
📌 The big picture: A court ruling saved 79 divorces filed prematurely due to an online system error, preventing major legal and personal fallout.
⚖️ Why it matters: The decision ensures these divorces are valid, protecting individuals who have since remarried or secured financial orders.
🔍 What happened:
Sir Andrew McFarlane, President of the Family Division, ruled the divorces "voidable," not "void."
This purposive and proportionate approach focused on the intent of the law and practical outcomes for those affected.
✅ The bottom line: The judgment avoided chaos by prioritising fairness and clarity for all parties involved.
Read more here: Judgment on 79 Divorced Couples
2. Powers of Attorney: When Gifts Go Too Far
📌 The big picture: Attorneys managing a donor's affairs under a Lasting Power of Attorney (LPA) must follow strict rules about gifting to avoid misuse of assets.
⚠️ Why it matters: Unauthorised or excessive gifting can lead to legal challenges, including void transactions and revocation of the attorney's powers.
📜 Key guidelines:
🎁 Gifts should only be made on customary occasions (e.g., birthdays, weddings) to close individuals or supported charities.
💰 Values must be reasonable relative to the donor's estate and in their best interests.
📑 Attorneys must seek Court of Protection approval for gifts outside these boundaries.
⚖️ Case in point: In Chandler v Lombardi (2022), a court voided an unauthorised property transfer by an attorney, stressing that ignorance of gifting rules is no excuse.
✅ The bottom line: Attorneys should exercise caution and seek advice to comply with the law and protect the donor's interests.
Read more here: Attorneys and Gifting in LPAs
3. Rogue Executors on the Rise
📌 The big picture: Misconduct by executors is increasing, leading to more legal actions against them.
⚠️ Why it matters: Beneficiaries face distress and financial loss, while rogue executors risk removal and personal liability for their actions.
🚩 Common issues:
❌ Refusing to distribute assets to rightful beneficiaries.
🏦 Mixing estate funds with personal accounts.
💸 Misappropriating estate property.
🤐 Hiding loans or debts owed to the estate.
💡 Expert insight: Stephanie Kerr highlights that complex family dynamics and poor oversight are driving the trend. She urges beneficiaries to act if they suspect misconduct.
✅ The bottom line: Choose executors wisely, stay vigilant, and seek legal advice if you suspect issues.
Read more here: Rogue Executors on the Rise
Stay informed. Make smarter decisions.
Note: This blog post is for general informational and educational purposes only and should not be construed as legal, financial or tax advice. The content of this post is not a substitute for specific legal, financial or tax advice or any other professional services. We strongly encourage you to consult with a qualified solicitor, tax professional, financial advisor or other relevant expert before taking any action.