Contentious trusts and estates

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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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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
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
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
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 Nov
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
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
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
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
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
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
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
A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
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9th Nov
Practice notes
CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...
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9th Nov
Practice notes
What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 12th Jan
Practice notes
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...
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9th Nov

Most recent Contentious trusts and estates content

Q&As
Where an application for reasonable financial provision is made under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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29th Nov
Q&As
We refer you to Practice Note: The body and burial disputes, which explains the law around the disposal of a deceased's body and the legal principles...
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29th Nov
Q&As
An unincorporated association is not a legal entity and so, in theory at least, cannot sue or be sued in its own name. This was the position set out...
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29th Nov
Q&As
Full question: 'In a potential 1975 Inheritance Act claim, the deceased largely left his estate to his minor grandchildren omitting his wife from whom...
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29th Nov
Q&As
We refer you to Cohabitation contracts—overview, in particular the following Precedents:•Cohabitation agreements—client guide•Cohabitation contractSee...
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29th Nov
Q&As
Does a former spouse have standing to make a claim against the estate of her ex-husband under the Inheritance (Provision for Family and Dependents)...
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29th Nov
Q&As
Authority of administratorWe refer you to Practice Note: Executor's and administrator's authority prior to the grant which explains the authority of...
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29th Nov
Q&As
We refer you to CPR 57.5 which states:‘(1) Any testamentary document of the deceased person in the possession or control of any party must be lodged...
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29th Nov
Q&As
Since 1 April 1976, if a person dies domiciled in England and Wales and is survived by any of certain group of persons, any of those persons may apply...
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29th Nov

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