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: In C v D and others, the High Court of the Isle of Man confirmed that a trustee’s decision to retain funds against a...
This week’s edition of Private Client highlights includes: (1) Gill v Gill and Patel v O’Sullivan, involving failed challenges to a Will on grounds of...
This Q&A considers the effect of a divorce on a Lasting Power of Attorney where one of the attorneys is the former spouse of the donor....
Private Client analysis: Farming businesses are often built over generations. They are asset-rich, cash-constrained, deeply personal and closely tied...
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...
Where an executor has requested a copy of the Will file from the deceased's solicitor are they entitled to hold back attendance notes, particularly where those attendance notes record the instructions given for the Will?Entitlement to the WillThe executors named in the last Will of the deceased are
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
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
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
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