Pre-application matters

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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
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
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 Pre-application matters content

Practice notes
Potential claims against personal representativesThere are a number of ways in which personal representatives (PRs) may find themselves liable for...
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10th May
Practice notes
Personal representatives (PRs) should not generally find themselves liable for losses to the estate and it is possible to take actions to protect...
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10th May
Precedents
[enter name of lender][enter address of lender]Dear [enter organisation name]Re: [enter name of deceased...
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12th Apr
Precedents
[enter stockbroker’s/fund manager’s name ][enter stockbroker’s/fund manager’s address]Dear [[insert organisation name] OR [name of individual...
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9th Apr
Practice notes
Role of the courtThe High Court has jurisdiction in relation to probates and administration'>letters of administration, in particular all contentious...
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9th Apr
Practice notes
A person generally dies owning some form of property whether it be land, cash, furniture and so on. A grant may or may not be necessary depending on...
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9th Apr
Practice notes
Testator’s relationship to beneficiaryMost testators make gifts in their Wills to beneficiaries either by name or by description of the relationship...
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9th Apr
Practice notes
ProbateWhere the deceased left a valid Will appointing an executor who is able and willing to prove the Will, apply for a grant of probate.The...
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9th Apr
Practice notes
While it is obvious that the beneficiary of a gift has to be ascertained, it is also important to ascertain when that gift vests in order to include...
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9th Apr
Practice notes
The differenceIt is broadly the case that the difference between common and solemn form probate is that common form relates to non-contentious...
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9th Apr
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Apr
Practice notes
Although the construction of a Will or words or terms of a Will may be decided by a court the principles that are adopted do not lean towards the...
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9th Apr
Practice notes
In the normal course of events a Will sails through the probate process without a hitch but that process can be blocked before it begins with a...
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9th Apr
Practice notes
Over many years rules relating to the construction of Wills have taken on the appearance, if not the actuality, of artificiality, particularly in...
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9th Apr
Practice notes
Need for a grantThe personal representatives (PRs) need a grant of probate or administration'>letters of administration to enable them to make title...
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9th Apr
Precedents
[enter name of company][enter address of company][enter date]Dear [insert organisation name]The late [name of deceased]Address: [enter address of...
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8th Apr
Precedents
[enter name of chartered surveyor][enter address of chartered surveyor]Dear [insert organisation name]The late [name of deceased][Property OR Land]...
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8th Apr
Precedents
[enter name of mobile telephone company][enter address of mobile telephone company]Dear [insert organisation name]The late [name of...
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7th Apr
Precedents
[enter name of company][enter address of company][enter date]Dear [insert organisation name]The late [name of deceased][Policy OR Policies] numbered:...
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7th Apr
Precedents
[enter name of telephone company][enter address of telephone company]Dear [insert organisation name]The late [name of deceased]Account[s] number[ed]:...
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7th Apr

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