Trust disputes

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Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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19th May
Practice notes
Creation of trusts—express trustsConstituents of a trustWhen drafting, keep in mind that the essentials of creating a validly constituted trust...
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19th May
Practice notes
IHT—quick succession reliefQuick succession relief (QSR), which is not to be confused with taper relief, applies to a transfer of value which attracts...
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Produced in partnership with Katya Vagner of PwC 19th May
Practice notes
Taxation of age 18–25 trusts—IHTThe special category of age 18–25 trusts was introduced by Finance Act 2006 (FA 2006) to offer some compensation for...
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Produced in partnership with Paul Davies of Clarke Willmott 19th May
Practice notes
CGT—reliefsFORTHCOMING CHANGE: On 14 July 2020, the Office of Tax Simplification (OTS) published its online survey and a call for evidence to seek...
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19th May
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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19th May
Practice notes
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
Practice notes
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
Practice notes
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Practice notes
Relief for income tax lossesReliefs entitle taxpayers to reduce the amount of income tax payable. When calculating liability to income tax, a taxpayer...
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19th May
Q&As
Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...
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19th May
Practice notes
Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...
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19th May
Precedents
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
Practice notes
Trustees—power of advancementWhere a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married...
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19th May
Practice notes
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

Most recent Trust disputes content

Practice notes
Knowing receipt and dishonest assistance claimsClaims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest...
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23rd Jul
Practice notes
Limitation—constructive trust claimsWhat is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by...
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22nd Jul
Q&As
A trust deed reserves power to the settlor to appoint and remove trustees. The settlor is not a trustee of the trust. The settlor has lost capacity...
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Produced in partnership with Naomi O’Higgins of Howard Kennedy 15th Jul
Q&As
How can a trustee without capacity be substituted?We refer you to Practice Note: Trust disputes—trustees' removal under section 41 of the Trustee Act...
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15th Jul
Q&As
How can a trustee who no longer has mental capacity be removed from his position?Section 36 of the Trustee Act 1925 (TA 1925) states:‘Where a trustee…...
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15th Jul
Q&As
Do the beneficiaries of a trust with a vested income in interest but not capital until age 35, have power to invoke section 19 of the Trusts of Land...
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15th Jul
Practice notes
Trust disputes—remedies for breach of trustRemedies come in a number of shapes and sizes but can be roughly divided into those that are personal and...
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14th Jun
Practice notes
Trust disputes—beneficiaries' rights to informationA distinction should be drawn between disclosure by the trustees under trust law, due to the rights...
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9th Jun
Practice notes
Trust disputes—appointment and removal of trusteesIn general the trust instrument will provide for the appointment of replacement trustees (see...
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9th Jun
Practice notes
Trust disputes—reliefs and exemptions for breach of trustIt is very difficult to determine in which way to advise a trustee accused of a breach of...
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9th Jun
Q&As
T left a life interest in T's share of a property to T's spouse, S. S's new partner, P now resides in the property with S. What rights does P have in...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 6th Jun
Q&As
Does a potential beneficiary of a NRB discretionary trust have the right to see the Trust Accounts as opposed to the Estate Accounts?The beneficiary...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 6th Jun
Q&As
Following a divorce, do both parents (both holding parental responsibility) have a right to information regarding a trust of which their child is a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
What steps should be taken where a trust deed has been lost and a copy cannot be located?In the case of a missing trust deed, the first step would be...
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5th Jun
Q&As
Is there a definition of ‘beneficiary’ as applied in Brussels I (recast) ie does this cover companies/individuals?The term ‘beneficiary’ in relation...
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5th Jun

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