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.
The following Property Disputes news provides comprehensive and up to date legal information on The Supreme Court tweaks Etridge (Waller Edwards v One Savings Bank plc)
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...
Applications under CPR Part 64 (trusts and estates)The scope of CPR Part 64CPR Part 64 concerns:•claims relating to the administration of estates of deceased persons and trusts, together with•charity proceedings (in a separate section)This Practice Note is concerned with the first part.It applies to
Where an executor of an estate is not in agreement with a co-executor’s decision but reluctantly agrees to proceed with it, will the reluctant executor still be jointly and severally liable for the decision? Is there anything they can do to protect their interests?Joint and several liability of
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate intermeddles in the estate. By performing these duties, the individual holds themselves out to be a PR and is deemed to have
Trust disputes—beneficiaries' rights to informationA distinction should be drawn between disclosure by the trustees under trust law, due to the rights of beneficiaries to receive information and ‘non-party’ disclosure by trustees during litigation, whether voluntarily or as a result of a court
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