Trusts arrangements are increasingly popular with, for example, foreign individuals who live in the UK while retaining their non-UK domicile under UK law. UK tax charges...
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 provides guidance...
Constituting the trust In general no trust is created, whatever intention the settlor has manifested, unless legal title is vested in the trustees. This is known as...
Nature of trusts The trust concept Typically, the settlor is the original owner of property and creates a trust by conveying it to one or more trustees and manifesting an...
Certainty In order for a settlor to create a private express trust the three certainties must be present, namely: • certainty as to the intention of the settlor to create...
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 cases. They are also...
In general the trust instrument will provide for the appointment of replacement trustees but this is not always the case. In some circumstances the court may have to...
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 will seek to argue...
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, as to the obtaining of evidence...
The enforceability of any financial order should be considered at the outset of a case involving trusts, as enforcement considerations may influence the case from the...
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 by the settlor and...
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 1973 (MCA 1973) (see...
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 the marriage,...
Variation of trusts It is open to any settlor to impose such trusts and confer such powers and discretions as they see fit. Consequently, the general rule is that the...