Trust disputes

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Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
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
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
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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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 Trust disputes content

Q&As
The term ‘beneficiary’ in relation to jurisdiction is referred to in Regulation (EU) 1215/2012, Brussels I (recast) in:•Articles 7(6) and 25(3) of...
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9th Apr
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 9th Apr
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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9th Apr
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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9th Apr
Practice notes
When a trustee makes a mistake, it is important to remember that there are a few remedies available: rectification, the doctrine of mistake and the...
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Produced in partnership with Katharina A. Byrne 9th Apr
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 Apr
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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9th Apr
Practice notes
There is no possibility of claiming a breach of trust or asking for an administration order in respect of a trust if it cannot be proved that one...
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9th Apr
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 9th Apr
Practice notes
It is a fact of life that beneficiaries and trustees fall out. Often this is due to misunderstandings but occasionally beneficiaries may consider...
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9th Apr
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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9th Apr
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 9th Apr
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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9th Apr
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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9th Apr
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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9th Apr
Practice notes
The most simple defence that a trustee can raise to a claim for a breach of trust is that the claim itself has no merit, eg that there had been no...
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9th Apr
Practice notes
It is not uncommon for trustees to be faced with difficulties in the execution of their trusts. They are entitled to ask the court for help in such...
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9th Apr
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 9th Apr
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 Apr
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 9th Apr

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