Navigating disputes in trusts and estates demands precision and expertise. This topic provides valuable insights and practical guidance tailored for legal professionals. Understand the complexities of contentious issues and equip yourself with strategies to manage and resolve conflicts effectively within this specialised field.
This week’s edition of Private Client highlights includes: (1) analysis of JB v Official Solicitor, where the court adopted a more fact-sensitive,...
Private Client analysis: From April 2027 some pension death benefits will be within scope of inheritance tax (IHT). New Regulations were published on...
This Q&A considers the IHT treatment of an overdrawn partnership current account on the death of a partner in an unincorporated partnership....
The Charity Commission has published its Charity Sector Risk Assessment 2026, identifying financial resilience, private benefit abuse and structural...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
What is the procedure to remove a caveat?A caveat is effective for six months. It can be extended on an ongoing basis for six months at a time. If the caveat is not renewed it will expire and any interested party is free to extract a grant.Withdrawal of caveatA caveat can be withdrawn at any time
Trust disputes—claims in negligence against trustees for their administration of the trustThis Practice Note is concerned with those breaches of duty by a trustee which consist solely of negligent acts or omissions, and which do not involve either the misapplication of trust funds or the breach of
What action can an executor take where beneficiaries have been overpaid due to a miscalculation and where monies are now required to settle a liability?Where, due to a miscalculation, a beneficiary has been overpaid and the executors need money in order to pay liabilities of the estate, the
Trust disputes—breach of trustIt is a fact of life that beneficiaries and trustees fall out. Often this is due to misunderstandings but occasionally beneficiaries may consider proceedings either to restore a trust fund or obtain compensation on the basis that the trustees have exceeded their
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