Trustees

Trustees guidance:

This Deed is made on [date] Parties 1 [insert name] of [insert address] (the Appointor) 2 [insert name] of [insert address] and [insert name] of [insert address] (the...

Precedents

This Deed is made on [date] Parties 1 [insert name] of [insert address] and [insert name] of [insert address] (the Continuing Trustees) and 2 [insert name] of [insert...

Precedents

This Deed is made on [date] Parties 1 [insert name] of [insert address] (the Continuing Trustee) 2 [insert name] of [insert address] (the Retiring Trustee) and 3 [insert...

Precedents

This Deed is made on [date] Parties 1 [insert name] of [insert address] and [insert name] of [insert address] (the Retiring Trustees) and 2 [insert name] of [insert...

Precedents

This Deed is made on [date] Parties 1 [insert name] of [insert address] (the Appointor) 2 [insert name] of [insert address] (the Continuing Trustee) 3 [insert name] of...

Precedents

This Deed is made on [date] Parties 1 [insert name] of [insert address] (the Appointor) 2 [insert name] of [insert address] and [insert name] of [insert address] (the...

Precedents

This Deed is made on [date] Parties 1 [insert name] of [insert address] and [insert name] of [insert address] (the Continuing Trustees) and 2 [insert name] of [insert...

Precedents

This Deed is made on [date] Parties 1 [insert name] of [insert address] (the Appointor) 2 [insert name] of [insert address] and [insert name] of [insert address] (the...

Precedents

FORTHCOMING CHANGE: The fifth anti-money laundering directive (5MLD) was published in the EU official journal on 19 June 2018 and came into force on 9 July 2018. The...

Practice Note

Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in part, a beneficiary’s...

Practice Note

[To add to the recitals:] The [Continuing Trustees [and the] AND/OR New Trustees] have agreed to give the Retiring Trustees the indemnity set out below. [To add to the...

Precedents

The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD) Convention on Combating...

Practice Note

STOP PRESS: On 11 March 2020, the Court of Appeal issued a judgment allowing both appeals in the Dawson-Damer v Taylor Wessing LLP case as to (1) whether Taylor Wessing...

Practice Note

STOP PRESS: On 11 March 2020, the Court of Appeal issued a judgment allowing both appeals in the Dawson-Damer v Taylor Wessing LLP case as to (1) whether Taylor Wessing...

Practice Note

Original trustees Trustees will usually be appointed by the instrument that brings the trust into existence. The trust instrument also ought to make provision for any...

Practice Note

Nature of duties The difference between a duty and a power is: • the performance of a duty is obligatory • powers are to a greater or lesser degree discretionary in...

Practice Note

Nature of powers A trustee's powers may be either: • administrative, ie powers relating to prudent management in the discharge of the trustee's duty to maintain the trust...

Practice Note

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 by the terms of...

Practice Note

A trustee may be removed against their will in any of the following ways: • under an express power in the trust instrument • under section 36(1) of the Trustee Act 1925...

Practice Note

In principle, the office of the trustee is lifelong. Nevertheless, a trustee may retire in a number of ways: • by the exercise of a provision in the trust instrument • if...

Practice Note

The self-dealing rule The self-dealing rule is connected to, but distinct from, the fair dealing rule as well as the genuine transaction rule. There is authority that the...

Practice Note

Source and availability Sources Trustees have certain powers conferred on them by statute, in particular by the Trustee Act 1925 (TA 1925) and the Trustee Act 2000 (TrA...

Practice Note

General law The original trust fund For a settlement to be effective it needs property to be subject to the trusts. When a settlement is created the initial trust fund...

Practice Note

General investment power The powers possessed by trustees to administer a trust effectively emanate from statute, mainly the Trustee Act 1925 (TA 1925) and the Trustee...

Practice Note

FORTHCOMING CHANGE: The EU Fifth Money Laundering Directive (5MLD) was published in the EU official journal on 19 June 2018 and came into force on 9 July 2018. The...

Practice Note

FORTHCOMING CHANGE: The EU Fifth Money Laundering Directive (5MLD) was published in the EU official journal on 19 June 2018 and came into force on 9 July 2018. The...

Practice Note
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