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...
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...
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...
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...
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...
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 lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
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...
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...
DefinitionPartial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has failed to dispose...
A provision in a valid and binding shareholders’ agreement, to which the testator is a party, will always take precedence over a conflicting provision...
The key factor in determining how the gift in residue will devolve following the death of the husband is the nature of the gift given to the spouses:...
The intestacy rulesIf the deceased died totally or partially intestate, either because they did not leave a valid or effective Will or parts of their...
Date from which the Will speaksUnless there is a contrary intention in the Will, then:•in relation to identifying property, the Will speaks and takes...
Many Wills will contain provisions that require the recipient of a bequest to have survived for a specified period of time following the death of the...
For the purposes of this Q&A, we have assumed that the merger took place prior to the death of the testator.Before considering the question of whether...
We have assumed that the deceased’s father and his brother are brothers of the whole blood and that the deceased’s mother and her sister are sisters...
It is assumed that the deceased died on or after 6 February 2020.We refer you to Practice Note: Total intestacy which sets out the key matters to be...
Where a testator makes a Will and subsequently divorces or has their marriage annulled, section 18A of the Wills Act 1837 (WA 1837) provides that any...
This Q&A deals with the issue of inheritance tax (IHT) payable when a proprietary estoppel claim is made against an estate. There has been an increase...
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