Private Client analysis: Teixeira v Moaven confirms the continued importance of the sham trust doctrine where declarations of trust are used to...
Private Client analysis: This decision clarifies that recurring royalty payments settled on trust may constitute capital, rather than income, for...
Private Client analysis: In brief: there is a widespread misconception that cohabiting couples acquire rights by virtue of their cohabitation under...
The Scottish Charity Regulator (OSCR) has issued guidance stating that the Equality and Human Rights Commission (EHRC)’s updated 'Equality Act 2010:...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Historically, English law recognises two types of personal property—rights in possession, ie, tangible things, and intangible legal rights enforceable by action. When was the last time a new category of property was recognised in English law?The Law Commission Report: Digital assets: Final report
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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