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...
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...
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...
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...
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...
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
Liferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both, in the trust property...
Community care assessments are conducted by the local authority (LA) where someone aged 18 years or older is ordinarily resident. LAs have a duty to...
ARCHIVED: This archived Practice Note provides a guide as to what legislation and guidance was repealed, revoked, replaced and cancelled as a result...
Note: This Practice Note must be read in the light of the implementation of the Care Act 2014 on 1 April 2015. Substantial repeals to legislation have...
The regime under the Health and Social Services and Social Security Adjudications Act 1983 (HSSSSAA 1983) allows for the charging of the provision of...
In this Q&A, it would appear that the deceased spouse had a 50% interest in the matrimonial home. It is to be assumed that the other 50% was owned by...
Section 9 of the Care Act 2014 (CA 2014) came into force on 1 April 2015 as stipulated by s 2 of the Care Act 2014 (Commencement No 4) Order 2015, SI...