Contentious trusts and estates

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Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Nov
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
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...
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9th Nov
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
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9th Nov
Precedents
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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9th Nov
Practice notes
Liferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both, in the trust property...
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Produced in partnership with Peter Murrin of Turcan Connell 12th Jan
Practice notes
An offshore trust is any non-UK resident trust. The liability of trustees of an offshore trust to UK inheritance tax (IHT) is not dependent on the...
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Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Most recent Contentious trusts and estates content

Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
Read More >
Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 15th Jan
Practice notes
Examples of claims against trustees for breach of investment duties are:•delay—where a trustee takes too long to invest trust assets•making bad...
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Produced in partnership with James Fryer-Spedding and Richard Selwyn of 9 St John Street and now maintained by LexisPSL Private Client 15th Jan
Practice notes
A distinction should be drawn between disclosure by the trustees under trust law, due to the rights of beneficiaries to receive information and...
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15th Jan
Practice notes
The courts of equity have a well-recognised jurisdiction to grant relief against the consequences of mistakes and ambiguities in a variety of contexts...
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Produced in partnership with Jessica Henson of Payne Hicks Beach 15th Jan
Practice notes
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...
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15th Jan
Practice notes
Breach of trustBeneficiaries may consider proceedings either to restore a trust fund or obtain compensation on the basis that the trustees have...
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15th Jan
Practice notes
In Public Trustee v Cooper, the English High Court recognised that it had the jurisdiction to bless the ‘momentous decision’ of a trustee, thus...
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Produced in partnership with Nicholas Holland and Georgia Angus of McDermott Will & Emery UK LLP 15th Jan
Practice notes
In some circumstances a beneficiary will want to recover a specific asset. Tracing as a remedy will be the preferred option as the claimant seeks to...
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15th Jan
Practice notes
This Practice Note covers the purpose and procedure of section 41 of the Trustee Act 1925 (TA 1925), which confers jurisdiction on the court to...
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Produced in partnership with Jessica Stafford of Charles Russell Speechlys LLP 15th Jan
Practice notes
Trustees involved in litigation will be keen to ensure their costs and any costs awarded against them are met from the trust fund.Under section 31(1)...
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15th Jan
Practice notes
This 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...
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Produced in partnership with David Schmitz of Ten Old Square, Lincoln’s Inn 15th Jan
Practice notes
The traditional approach to disputes has been to resort to litigation rather than using the less contentious methods of alternative dispute resolution...
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15th Jan
Practice notes
It is very difficult to determine in which way to advise a trustee accused of a breach of trust, as the dividing line between a full defence and...
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15th Jan
Practice notes
In general the trust instrument will provide for the appointment of replacement trustees but this is not always the case. In some circumstances the...
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15th Jan
Practice notes
Remedies come in a number of shapes and sizes but can be roughly divided into those that are personal and those that are proprietary. The difference...
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15th Jan
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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15th Jan
Practice notes
If a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) proceeds to a final hearing, the court can make one or...
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15th Jan
Practice notes
Time limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should generally be commenced before the...
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15th Jan
Practice notes
Section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is the catch-all provision and can be used if the...
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15th Jan
Practice notes
The nature of disputes as to lifetime dispositionsParticularly where an estate appears to be smaller than anticipated, personal representatives (PRs)...
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Produced in partnership with Emma Holland of Stewarts Law 15th Jan

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