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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 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
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
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 Q&As content

Q&As
Section 41 of the Administration of Estates Act 1925 (AEA 1925) gives the executors the power to appropriate an asset to a person in or towards...
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15th Jan
Q&As
There are a number of reasons why a charity or charitable trust may need to be closed. These may include the original purpose ceasing to exist; the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Jan
Q&As
Practice Note: The type of grant needed at section ‘Grant ad colligenda bona’ explains that a grant ad colligenda bona may be granted under rule 52 of...
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Produced in partnership with Graham Stott of gunnercooke LLP 14th Jan
Q&As
Where two or more executors are appointed by the testator and only one of those executors intends to obtain a grant of probate with power reserved to...
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14th Jan
Q&As
As a general response to this query, see the following extract from the Commentary: Status of Attorney: Tristram and Coote’s Probate Practice...
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14th Jan
Q&As
A grant of probate may be obtained by any of the executors appointed in the Will who are not under any legal disability subject to giving notice of...
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14th 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
Q&As
The key factor in determining how a Will drafted and executed in Scotland in respect of assets in England should be dealt with is the domicile of the...
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14th Jan
Q&As
We assume that the solicitors must have been validly appointed by general power of attorney to act as attorneys to apply for the grant of...
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14th Jan
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 14th Jan
Q&As
For the purposes of this Q&A, we have assumed that no grant has already been issued to the sole executor who lacks mental capacity. If a grant has...
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14th Jan
Q&As
Practice Note: Probate actions—citations explains that where an executor is appointed by a deceased testator and that executor refuses to administer...
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Produced in partnership with Graham Stott of gunnercooke LLP 14th Jan
Q&As
This Q&A assumes that the executor who has lost capacity had obtained a grant of probate and had partially administered the estate.The new application...
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14th Jan
Q&As
As explained in Commentary: In what circumstances granted: Tristram and Coote's Probate Practice [5.02], a grant of administration'>letters of...
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14th Jan
Q&As
As explained in commentary: Amendment of grant: Tristram and Coote's Probate Practice [16.01], it may be necessary to amend a grant for various...
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14th Jan
Q&As
In answering this Q&A, we have assumed that the estate administration does not include any contentious work.The costs of applications in which there...
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14th Jan

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