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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
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
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 Personal representatives content

Q&As
Power of court to revoke the grantThe court has the power to revoke both grants of probate and administration'>letters of administration. See section...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 12th Feb
Q&As
Purpose of CPR 19.8(2)(b)CPR 19.8(2) provides as follows:'(2) Where a defendant against whom a claim could have been brought hasdied and—(a) a grant...
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Produced in partnership with Tom Stewart Coats of XXIV Old Buildings 11th Feb
Q&As
This Q&A assumes that no grant of representation has been issued and the executor appointed in the Will has not intermeddled in the estate.Where the...
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29th Jan
Q&As
Can an executor serve a section 42 notice?Under the Leasehold Reform, Housing and Urban Development Act 1993 where a tenant had the right to a lease...
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22nd Jan
Q&As
The government guidance Practice guide 6: devolution on the death of a registered proprietor provides (at para [2.3]) that the personal representative...
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22nd Jan
Q&As
Section 8 of the Administration of Estates Act 1925 (AEA 1925) provides that:•where probate is granted to one or some of two or more persons named as...
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Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
Q&As
The SRA Handbook defines an undertaking as'a statement, given orally or in writing, whether or not it includes the word "undertake" or "undertaking",...
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Produced in partnership with Adam Draper of Irwin Mitchell LLP 22nd Jan
Q&As
Under section 114 of the Senior Courts Act 1981 (SCA 1981), a testator can appoint any number of executors, but a grant of probate cannot issue to...
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22nd Jan
Q&As
See Practice Note: Removal, renunciation and retirement of personal representatives by way of background, which states that, in relation to...
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22nd Jan
Q&As
For the purposes of this Q&A, it is assumed that:•the leasehold property is an asset of the unadministered Estate•the primary obligation to pay the...
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22nd Jan
Q&As
In the above scenario, an application should be made by the capable executor for the grant of probate to be revoked on the grounds that the grant is...
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14th Jan

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