Wednesday, April 21, 2021
Alec J. Morris recently published an article entitled, No Longer Waning - Pennington Revived?, Wills, Trusts, & Estates Law ejournal (2021). Provided below is the abstract to the Article:
Eighteen years have passed since Pennington v Waine and many were perhaps of the view that the case was consigned to the past. However, the recent High Court case of Nosnehpetsj Ltd v Watersheds Capital Partners appears to have dusted off the doctrine and breathed life into that which was thought dead and gone. This note will consider the judgment in Nosnehpetsj and will argue Pennington should never have been invoked, and that the presumption made by the judge in the case risks further undermining the formalities requirements.