Family provision claims

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Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
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Produced in partnership with Peter Murrin of Turcan Connell 19th May
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Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
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19th May
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What is an offshore trust?A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or...
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Produced in partnership with Mourant Ozannes and Carey Olsen 19th May
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Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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19th May
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Private Client—Luxembourg—Q&A guideTaxation regimeWhat factors determine tax liability in your jurisdiction (eg domicile, residence or...
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Produced in partnership with Eric Fort of Arendt & Medernach 19th May
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Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 19th May
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This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...
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19th May
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Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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19th May
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Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...
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19th May
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Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
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Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
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19th May
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Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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19th May
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Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court...
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19th May
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This Deed is made on [date]Parties1[insert name] of [insert address] and [insert name] of [insert address] (the Retiring Trustees) and2[insert name]...
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19th May
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Cayman Islands STAR trusts—common usesThis Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman...
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Produced in partnership with Mourant Ozannes and Carey Olsen 19th May
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Discretionary trusts—ScotlandWhat is a discretionary trust?A discretionary trust or discretionary settlement is an arrangement created when an...
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Produced in partnership with Peter Murrin of Turcan Connell 19th May

Most recent Family provision claims content

Q&As
In a claim for reasonable financial provision, on whom do you need to serve and when will you need permission to serve a defendant out of...
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31st Jul
Q&As
What is the effect for IHT of a settlement payment to a former spouse for a claim against an estate under Inheritance (Provision for family...
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31st Jul
Q&As
Is there any authority for including the cost of university education as a factor when determining the quantum of a minor child's award under an...
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Produced in partnership with Graham Stott of gunnercooke LLP 31st Jul
Q&As
What are an executor's duties as regards neutrality in the event of a dispute between beneficiaries? What are the executor's duties if he is also a...
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Produced in partnership with Adam Draper of Irwin Mitchell LLP 31st Jul
Q&As
When issuing a claim form for relief under Inheritance (Provision for Family and Dependants) Act 1975 and the defendants’ addresses are unknown what...
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31st Jul
Q&As
Does the Inheritance (Provision for Family and Dependants) Act 1975 provide for the situation where, before the deceased’s death, they transferred...
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31st Jul
Q&As
Does a grant ad colligenda bona start the clock running on the limitation period for Inheritance Act claims?Practice Note: The type of grant needed at...
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Produced in partnership with Graham Stott of gunnercooke LLP 31st Jul
Q&As
Can personal representatives who have obtained costs orders against a beneficiary claim a lien over the inheritance of that beneficiary who has since...
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31st Jul
Q&As
Can an estate be varied, with the court's consent on behalf of minor beneficiaries, to redirect the property from minor grandchildren of the deceased...
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31st Jul
Practice notes
Domicile and habitual residence11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Family provision claims—procedural tableApplicantsSpouse or civil partner of the deceasedI(PFD)A 1975, s 1(1)(a) Former spouse or civil partner of...
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31st Jul
Practice notes
Family provision claims—variation, discharge, suspension and revival of ordersOrders made by the court under the Inheritance (Provision for Family and...
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31st Jul
Practice notes
Family provision claims—practice and procedureTime limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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31st Jul
Practice notes
Family provision claims—preliminary issuesTestators have freedom to dispose of their estates as they wish, subject to the formal requirements for...
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31st Jul
Practice notes
Family provision claims—the role of personal representativesClaims for reasonable financial provision from an estate pursuant to the Inheritance...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 31st Jul
Practice notes
Family provision claims—matters of regard for each applicantUnder section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A...
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31st Jul
Practice notes
Family provision claims—orders which the court can make If a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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31st Jul

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