Navigating disputes in trusts and estates demands precision and expertise. This topic provides valuable insights and practical guidance tailored for legal professionals. Understand the complexities of contentious issues and equip yourself with strategies to manage and resolve conflicts effectively within this specialised field.
Private Client analysis: In C v D and others, the High Court of the Isle of Man confirmed that a trustee’s decision to retain funds against a...
This week’s edition of Private Client highlights includes: (1) Gill v Gill and Patel v O’Sullivan, involving failed challenges to a Will on grounds of...
This Q&A considers the effect of a divorce on a Lasting Power of Attorney where one of the attorneys is the former spouse of the donor....
Private Client analysis: Farming businesses are often built over generations. They are asset-rich, cash-constrained, deeply personal and closely tied...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
What is the procedure to remove a caveat?A caveat is effective for six months. It can be extended on an ongoing basis for six months at a time. If the caveat is not renewed it will expire and any interested party is free to extract a grant.Withdrawal of caveatA caveat can be withdrawn at any time
Trust disputes—claims in negligence against trustees for their administration of the trustThis 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 either the misapplication of trust funds or the breach of
What action can an executor take where beneficiaries have been overpaid due to a miscalculation and where monies are now required to settle a liability?Where, due to a miscalculation, a beneficiary has been overpaid and the executors need money in order to pay liabilities of the estate, the
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate intermeddles in the estate. By performing these duties, the individual holds themselves out to be a PR and is deemed to have
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