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The following Private Client news provides comprehensive and up to date legal information on Private Client weekly highlights—11 December 2025
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...
Constructive trustsThis Practice Note covers constructive trusts, which represent one of the three types of trust that do not require to be declared or evidenced in writing—the others being resulting trusts and implied trusts, although it is doubtful whether there is any form of implied trust which
Trustees—removal of trusteesA 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 (TA 1925)•by court order under TA 1925, s 41•by direction of the beneficiaries under section 19 of the
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the creation of trusts of perpetual or indefinite duration otherwise than for charitable purposes, and by the
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
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