Trusts

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Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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20th Oct
Practice notes
Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...
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16th Oct
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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26th Sep
Practice notes
The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1,...
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26th Sep
Practice notes
This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...
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26th Sep
Practice notes
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...
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26th Sep
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
26th Sep
Practice notes
Bar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the expiration of one year from...
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26th Sep
Practice notes
In addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced in this Practice Note (in...
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26th Sep
Practice notes
The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...
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25th Sep
Practice notes
Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...
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25th Sep
Practice notes
This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...
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25th Sep
Practice notes
By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Trusts content

Practice notes
This Practice Note sets out the procedure to add a third party to financial proceedings as specified by the Family Procedure Rules 2010 (FPR 2010). It...
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25th Sep
Practice notes
In general the trust instrument will provide for the appointment of replacement trustees but this is not always the case. In some circumstances the...
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25th Sep
Practice notes
Constituting the trustIn general no trust is created, whatever intention the settlor has manifested, unless legal title is vested in the trustees....
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25th Sep
Practice notes
Trusts arrangements are increasingly popular with, for example, foreign individuals who live in the UK while retaining their non-UK domicile under UK...
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25th Sep
Practice notes
In addition to the court’s power to vary a trust that is a nuptial settlement within the meaning of section 24(1)(c) of the Matrimonial Causes Act...
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25th Sep
Practice notes
CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...
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25th Sep
Practice notes
The enforceability of any financial order should be considered at the outset of a case involving trusts, as enforcement considerations may influence...
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25th Sep
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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25th Sep
Practice notes
A nuptial settlement is a settlement for the benefit of one or both of the parties or their children, created because of the marriage, or referring to...
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25th Sep
Practice notes
It is not uncommon for trustees to be faced with difficulties in the execution of their trusts. They are entitled to ask the court for help in such...
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25th Sep
Practice notes
What is a trustee?Trustees hold the legal title to the trust assets and control and manage them for the benefit of the beneficiaries. They are chosen...
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25th Sep
Practice notes
Nature of trustsThe trust conceptTypically, the settlor is the original owner of property and creates a trust by conveying it to one or more trustees...
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25th Sep
Practice notes
Variation of trustsIt is open to any settlor to impose such trusts and confer such powers and discretions as they see fit. Consequently, the general...
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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26th Sep
Q&As
We have understood your query to be as to the impact of divorce on trust assets, in this case a lifetime defeasible interest in possession trust,...
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28th Sep
Q&As
General trust principles apply equally to personalty as they do realty. However, the specific principles devised by the House of Lords in Stack v...
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Produced in partnership with Nicholas Starks of St Ives Chambers 28th Sep

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