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Practice notes
Trust disputes—breach of trustIt is a fact of life that beneficiaries and trustees fall out. Often this is due to misunderstandings but occasionally...
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19th May
Practice notes
Trust disputes—action for breach of trustBreach of trustBeneficiaries may consider proceedings either to restore a trust fund or obtain compensation...
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19th May
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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19th May
Practice notes
IHT—quick succession reliefQuick succession relief (QSR), which is not to be confused with taper relief, applies to a transfer of value which attracts...
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Produced in partnership with Katya Vagner of PwC 19th May
Practice notes
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
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Produced in partnership with Peter Murrin of Turcan Connell 19th May
Practice notes
Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
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19th May
Practice notes
Taxation of age 18–25 trusts—IHTThe special category of age 18–25 trusts was introduced by Finance Act 2006 (FA 2006) to offer some compensation for...
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Produced in partnership with Paul Davies of Clarke Willmott 19th May
Practice notes
Creation of trusts—beneficiariesWho may be beneficiariesEvery person who would be capable of owning property if of full age and sound mind may be a...
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19th May
Q&As
When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...
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Produced in partnership with Emma Holland of Stewarts Law 19th May
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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19th May
Precedents
This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...
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19th May
Practice notes
Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Practice notes
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Q&As
Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
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19th May
Practice notes
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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19th May

Most recent Q&As content

Q&As
What is the tax treatment of a testamentary trust which stipulates that the testator’s child, C, is to receive the capital of the trust only on...
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1st Aug
Q&As
Can you draft a Will using a testatrix's maiden name if all her ID is in her married name?We refer you to the following Commentary extracts, which...
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1st Aug
Q&As
On the death of the survivor of a married couple A and B, where B had survived a previous spouse C, in what circumstances would the transferable...
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1st Aug
Q&As
Where property is held on the statutory trusts for the issue of an intestate, do the issue take as tenants in common or as joint tenants?Where a...
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1st Aug
Q&As
Where an estate has been distributed in accordance with the intestacy rules but a Will turns up a number of years later leaving the estate to an...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 1st Aug
Q&As
A joint attorney under a lasting power of attorney wishes to transfer a freehold property belonging to the donor to their self. Can they do this and...
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Produced in partnership with Alison Meacher of Hardwicke Chambers 1st Aug
Q&As
Does the limited spouse exemption for transfers to non-domiciled spouses apply in addition to the basic nil rate band?Section 18 of the Inheritance...
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1st Aug
Q&As
What can non-UK domiciled individuals who are resident in the UK and currently unable to leave because of travel restrictions, do to avoid acquiring a...
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1st Aug
Q&As
Where it is proposed to deal with the variation of a Will that contains a gift to minors what requirements should be observed?A legatee can alter the...
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1st Aug
Q&As
Would a purchaser of land from a sole nominee who holds the land for a pension scheme trustee receive a good receipt for the purchase moneys?A nominee...
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1st Aug
Q&As
If a husband and wife hold shares in a company jointly, what happens on the death of one of them? Will the deceased's interest be extinguished so that...
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Produced in partnership with Helen Galley of XXIV Old Buildings 1st Aug
Q&As
Is an inheritance tax exit charge payable whenever funds are distributed from a trust created by a parent under section 11 of the Inheritance Tax Act...
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1st Aug

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