Assistant Professor in Property Law, @cambridgelaw.bsky.social; Fellow, @robinsoncollege.bsky.social; Vice Chair, @camsociolegal.bsky.social; Co-Deputy Director, Cambridge Family Law. Posts personal.
The Downing Professorship was founded in 1800 in pursuance of a bequest of Sir George Downing, the founder of @downingcollege.bsky.social
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The Downing Professorship was founded in 1800 in pursuance of a bequest of Sir George Downing, the founder of @downingcollege.bsky.social
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Read the full story 👉 shorturl.at/576U8
@cam.ac.uk
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An art historian and independent curator specialising in the art of Africa and its diaspora.
Find out more about Iheanyi👉 www.robinson.cam.ac.uk/news/welcome...
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Baxandall Visiting Fellow Lecture with Dr Terri Ochiagha.
Tuesday, 17 March, 6pm-7pm
Umney Theatre, Robinson
All welcome. This is a free, ticketed event www.robinson.cam.ac.uk/events/baxan...
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![The Unwanted Inheritance?
When a Beneficiary Refuses to Engage
Lowe v Daniells [2025] EWHC 3297 (Ch)
HHJ Paul Matthews faced the problem of a beneficiary who, perhaps suspecting a scam, responded to the offer of a £184,000 inheritance with abusive emails, asserting there was nothing in the estate, but refusing to disclaim.
The Claim
The professional administrator brought a CPR 64 claim seeking directions as to what to do with the residue of the estate. The beneficiary was joined as a defendant but did not respond to the claim.
The Dilemma
Standing v Bowring (1885)
The law presumes acceptance of a gift. To divest it, there must be a disclaimer. It was difficult to interpret D's hostile actions — based on a mistaken belief that there was no money — as manifesting a clear intention to disclaim.
The Decision
1. Disclaimer Issue: Declined
The Judge refused to rule on the disclaimer itself. As the substitute beneficiaries were not parties, it was inappropriate to make a finding that would extinguish their potential interest without them being heard.
2. The Solution: Benjamin Order
Rejected paying funds into Court. Instead, granted a Re Benjamin order.
PR directed to distribute on the footing that D had disclaimed.
Protects PR from devastavit claims.
Leaves D free to pursue the substitute beneficiaries directly.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:rixlznsn6at43hulimfz3izg/bafkreibdmikzhu72efrm63qrzbjzq4pfkzcu5vflokbsxa2su4a4msaaci@jpeg)
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![In reply, the mother, acting in person, submitted a lengthy skeleton argument responding in detail to every paragraph in Mr Spencer's skeleton argument, describing much of it as factually inaccurate or incomplete and misleading. She reiterated many of her complaints and criticisms of the district judge's judgment set out in her "grounds of recusal" document and her original grounds of appeal. The skeleton argument cited a number of authorities. As before, some citations were non-existent cases - for example "Re M (Paternity: Appeal by Mother) [2003] EWHC 2832 (Fam)". Other cases were cited in support of a proposition for which they were not authority. For example, Re B (Children) [2008] UKHL 35, the well-known decision of the House of Lords on the standard of proof in children's cases, was erroneously cited for the proposition that "the father's conscious choice to ignore correspondence that did not assist his position demonstrates wilful evasion and further undermines his credibility". Re W (Children) [2010] UKSC 12, the equally well-known decision on the principles which should guide the exercise of the court's discretion in deciding whether to order a child to attend to give evidence in family proceedings, was cited for the proposition that "findings reached through a procedurally compromised process cannot stand".](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:drwvh7wngwjgf5qv6vhppp5a/bafkreiaxrcrcohhbt4tg5eyu7gchdcgsgwa6t4e4iwhnz6nmtbvnebwgmy@jpeg)
(The 2nd quote is from Re: D [2025] EWCA Civ 1570, handed down yesterday).
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Enjoy 30% off almost all Hart books between now and 7th December. Browse the website to see what’s available: https://bit.ly/3CCj03O
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#Sale #LawBooks
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