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.
Private Client analysis: Following a quantum-only trial, the court awarded the claimant £127,500 for 850 days of care provided to her late mother...
Private Client analysis: The Court of Appeal held that, where there is reason to doubt the capacity of a person whose care and support needs are being...
Private Client analysis: The court held that the deceased did not know and approve the effect of the life interest trust contained in his 2022 Will....
Private Client analysis: A corporate settlor may be secondarily liable for an inheritance tax (IHT) periodic charge under section 201(1)(d) of the...
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...
Probate actions—citationsA citation is issued under the seal of the Principal Registry of the Family Division or a district probate registry. It contains the reason for its issue and the interest of the party extracting it (the citor). The citation calls upon the party cited (the citee) to enter an
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
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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