Trust disputes

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Practice notes
FORTHCOMING CHANGE: The Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 amend the Non-Contentious Probate Rules 1987, SI 1987/2024 with...
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13th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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Produced in partnership with Mark Lindley of Boodle Hatfield LLP 9th Oct
Practice notes
CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...
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9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
8th Oct
Practice notes
Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay...
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26th Sep
Practice notes
Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...
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26th Sep
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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26th Sep
Practice notes
The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the...
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26th Sep
Practice notes
Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
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26th Sep
Practice notes
The rights of a person appointed executor by a Will cease if they:•die without having taken out probate•fail to appear on being cited to take out...
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26th Sep
Practice notes
The intestacy rulesIf the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable...
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26th Sep
Practice notes
ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
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26th Sep
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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25th Sep
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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25th Sep
Practice notes
IdentificationThe personal representatives (PRs) must identify:•the beneficiary entitled•what each beneficiary is entitled to receive•the time at...
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25th Sep

Most recent Trust disputes content

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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
Practice notes
Rectification is a creature of equity and in consequence, entirely discretionary. When considering rectification, the practitioner should bear in mind...
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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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26th Sep
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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26th Sep
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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26th Sep

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