The following Private Client practice note provides comprehensive and up to date legal information covering:
As trusts can arise by operation of law as well as by way of express trusts, the law must provide implied powers to enable trustees to carry out their task. The trustee's implied powers include, for example:
buying and selling land
In creating express trusts it is common to amend the implied powers and to add to them.
The Society of Trust and Estate Practitioners (STEP) was founded in 1991. It commissioned James Kessler QC to produce some routine administrative clauses that could be incorporated into settlements and Wills by reference, to enable those documents to be shortened and simplified. These provisions are known as the Society of Trust and Estate Practitioners Standard Provisions (1st Edition)
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This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to settle; related criminal proceedings; an opportunity to
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
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