Contentious trusts and estates

View Private Client by content type:

Latest Private Client News

Featured Private Client content

Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
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...
Read More >
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...
Read More >
Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
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...
Read More >
Produced in partnership with Mourant Ozannes and Carey Olsen 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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov

Most recent Contentious trusts and estates content

Practice notes
ApplicantsSpouse or civil partner of the deceasedI(PFD)A 1975, s 1(1)(a) Former spouse or civil partner of the deceased who has not formed a...
Read More >
9th Apr
Practice notes
What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...
Read More >
Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 9th Apr
Practice notes
During the lifetime of the testator they will enter in obligations in respect of contracts, covenants, debts, duties etc. Generally these obligations...
Read More >
9th Apr
Practice notes
Before a Will is admitted to probate the court must be satisfied that the testator knew and approved of its contents at the time that they executed...
Read More >
9th Apr
Practice notes
Most administrations take a little while to complete. In the course of that administration the personal representatives (PRs) will engage in a number...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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)...
Read More >
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...
Read More >
9th Apr

Popular documents