The following Private Client practice note provides comprehensive and up to date legal information covering:
Trust litigation has been classified as being of three types:
a dispute as to the trusts on which trustees hold the subject matter of the settlement
a dispute with one or more of the beneficiaries as to the propriety of any action that the trustees have taken or omitted to take or may or may not take in the future
a dispute with persons, otherwise than in the capacity of beneficiaries, in respect of rights and liabilities assumed by the trustees as such in the course of administration of the trust
The first form of dispute may well be friendly in that assistance is required to determine the construction of an instrument. Equally, it can be hostile, as when the validity of the settlement itself is challenged. The dividing line between friendly and hostile is often difficult to determine.
The second form of dispute is the more recognisable beneficiary dispute in such a situation where there is an alleged breach of trust.
The last one is likely to occur where there is a problem in contract or tort with a third party.
The trust is a creature of equity and the Court of Chancery which in 1875, was replaced by the Chancery Division of the High Court. The court is concerned with proceedings affecting both private trusts and those relating to settlements of property, whether under the Settled
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
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
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.