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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
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
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
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
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
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
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
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
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
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
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
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 partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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9th Nov
Practice notes
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...
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Produced in partnership with Peter Murrin of Turcan Connell 12th Jan
Practice notes
An offshore trust is any non-UK resident trust. The liability of trustees of an offshore trust to UK inheritance tax (IHT) is not dependent on the...
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Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Most recent Personal representatives content

Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
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9th Apr
Practice notes
AppointmentExecutors may be appointed:•expressly by Will•impliedly by Will (according to the terms of the Will)•by a person nominated in the Will to...
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9th Apr
Practice notes
Section 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor, original or by representation, or...
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9th Apr
Practice notes
The rights of a person appointed as executor by a testator’s Will cease if they:•die without having taken out a grant of probate•fail to appear on...
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9th Apr
Practice notes
Liability for own actsPersonal representatives (PRs) may find themselves liable for their acts or omissions in respect of their dealings with:•third...
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9th Apr
Practice notes
Definition of trustsTrusts may be created by:•Will•during the lifetime of the settlorA trust is created where one or more persons (the trustees) are...
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9th Apr
Practice notes
ExecutorsGeneralAn executor is the person appointed, ordinarily by the testator by their Will or codicil, to:•administer their property•carry into...
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9th Apr
Practice notes
Personal representatives (PRs) should have no reason to be liable for losses to the estate, and it is possible to take actions to protect themselves...
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9th Apr
Q&As
Persons who can be appointed executorsUnder section 25 of the Administration of Estates Act 1925, the executor(s) will be under strict duties to...
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30th Mar
Q&As
The usual position on the death of an administrator after the grant has been issued would be that the surviving administrator(s) would continue to...
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29th Mar
Q&As
Was the missing executor a professional or lay individual?It is often clear from the description of the individual in the Will whether executors were...
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Produced in partnership with Ward Hadaway 5th Mar
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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3rd Mar
Q&As
Referencing a deceased party on a claim formWhere the claimant is deceased and there is a grant of representation, the claimant will still be the...
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24th Feb
Q&As
We refer you to Practice Notes: Appointment of personal representatives and Applications for administration'>letters of administration with Will...
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22nd Feb

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