Contentious trusts and estates

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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...
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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
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
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
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
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
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

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
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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Produced in partnership with David Schmitz of Ten Old Square, Lincoln’s Inn 9th Apr
Practice notes
What is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by Lord Sumption in Williams v Central...
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8th Apr
Q&As
Where an electronic document review platform is, or can be, used to prepare a party’s disclosure, the closure of their instructing solicitor’s offices...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Apr
Precedents
Dear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of [name] deceasedLETTER OF CLAIM—...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
Precedents
This document provides general guidance regarding some of the key issues in bringing a contentious probate claim.Your specialist Private Client...
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6th Apr
Precedents
This document provides general guidance regarding some of the key issues in bringing a family provision claim (a claim under the Inheritance...
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6th Apr
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
Q&As
We refer you to Commentary: Effect of appearance to warning: Tristram and Coote's Probate Practice [23.54], which states:'If the caveator enters an...
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6th Apr
Q&As
We have assumed that•the attorney in question has been appointed under a lasting power of attorney•the attorney is the sole executor of the...
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6th Apr

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