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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
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
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

Most recent Distribution of the estate content

Q&As
SummaryIf the Will is silent on appropriation, the statutory power of appropriation will apply, enabling chattels to be appropriated to the residuary...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 7th May
Q&As
This Q&A assumes that the power of appropriation will be exercised by personal representatives and not trustees.By way of background, the process of...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 7th May
Q&As
In answering this Q&A we have limited our research to cover the values at which appropriation has taken place. We have not commented on whether the...
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7th May
Q&As
Pecuniary legaciesA pecuniary legacy is defined in section 55(ix) of the Administration of Estates Act 1925 (AEA 1925). It can include an annuity and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 7th May
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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7th May
Practice notes
Appropriation is a process by which a personal representative (PR) or a trustee uses a specific asset in the estate or trust fund to meet, in full or...
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7th May
Q&As
There are a number of different forms for such a trust of chattels.Frequently, such a clause will include words which leave the chattels to the...
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30th Apr
Practice notes
This Practice Note explains the phenomenon of ‘cryptoassets’, namely assets which are issued using distributed ledger technology, alternatively known...
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Produced in partnership with James Brockhurst of Forsters 19th Apr
Practice notes
Duty to keep estate accountsSection 25 of the Administration of Estates Act 1925 (AEA 1925) provides that personal representatives (PRs) have a duty...
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9th Apr
Practice notes
The basic positionThe beneficiaries will want to know that the estate is being effectively administered by the personal representatives (PRs) and will...
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9th Apr
Practice notes
Coronavirus (COVID-19): During the coronavirus (COVID-19) pandemic the formalities for signing and attesting a Will set out in the Wills Act 1837 have...
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31st Mar
Practice notes
Ascertainment of residueOnce the legacies have been paid, the personal representatives (PRs) can establish the amount available for distribution to...
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1st Mar
Practice notes
Assent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would be appropriate for the...
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1st Mar

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