Nature and classification of trusts

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FORTHCOMING CHANGE: The Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 amend the Non-Contentious Probate Rules 1987, SI 1987/2024 with...
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13th Oct
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Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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Produced in partnership with Mark Lindley of Boodle Hatfield LLP 9th Oct
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CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...
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9th Oct
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Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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8th Oct
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Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay...
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26th Sep
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Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...
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26th Sep
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Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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26th Sep
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The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the...
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26th Sep
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Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
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26th Sep
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The rights of a person appointed executor by a Will cease if they:•die without having taken out probate•fail to appear on being cited to take out...
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26th Sep
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The intestacy rulesIf the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable...
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26th Sep
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ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
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26th Sep
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Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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25th Sep
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Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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25th Sep
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IdentificationThe personal representatives (PRs) must identify:•the beneficiary entitled•what each beneficiary is entitled to receive•the time at...
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25th Sep

Most recent Nature and classification of trusts content

Practice notes
Constituting the trustIn general no trust is created, whatever intention the settlor has manifested, unless legal title is vested in the trustees....
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25th Sep
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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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25th Sep
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Nature of trustsThe trust conceptTypically, the settlor is the original owner of property and creates a trust by conveying it to one or more trustees...
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25th Sep
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Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
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26th Sep
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Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...
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26th Sep
Q&As
Where a person dies intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable property of the...
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28th Sep
Q&As
The value of the house would be subject to inheritance tax (IHT) on the death of the testator, but if the house has been occupied by the testator as a...
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28th Sep
Q&As
The nature of discretionary trustsThe nature of a discretionary trust is often analysed in the context of tax cases. See Pearson v IRC and Re...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
Trustees have a general power under Trustee Act 2000 (TrA 2000), s 17 to appoint a custodian of trust assets where such power has not been restricted...
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28th Sep
Q&As
In all modern property transactions, the form TR1 completed by the purchaser(s) contains a box setting out how the owners will beneficially own the...
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Produced in partnership with Elizabeth England of 42 Bedford Row 28th Sep
Q&As
In a discretionary trust, it would be unusual for there to be no ultimate default beneficiary. The default beneficiary may only become entitled at the...
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28th Sep
Q&As
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) was introduced with the intent of simplifying the regime that existed previously...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Discretionary objects of powers under a trust have limited rights. Although they may not have any rights in the trust assets, they have the right in...
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30th Sep
Practice notes
The rules relating to perpetuities and accumulations stem from the common law and the provisions in the Perpetuities and Accumulations Act 1964 (PAA...
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13th Oct

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