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...
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...
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...
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...
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...
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...
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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...
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...
There are a number of reasons why a gift may fail, including where a gift has lapsed. For further guidance on the various reasons for the failure of a...
When the Will is drafted, it is important to consider as many eventualities as possible, to ensure that the gifts made in the Will can take effect as...
This document provides general guidance regarding the reasons for and process involved in making a Will. Your Private Client practitioner will be able...
The Will drafting part of the WIQS Protocol sets out, in effect, a blueprint for the conducting of a Will drafting transaction. It does not tell the...
Hotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases of partial intestacy...
You have asked: An individual owns a property which they want to leave to the current tenant (who occupies under an Assured Shorthold Tenancy (AST))...
Acquisition or appropriation of remainderman's interestUnder the life interest trust, the life tenant would either be entitled to live in the property...
Various jurisdictions outside of the UK recognise the concept of adult adoption. There are a number of reasons why adult adoption might be thought to...
The answer to this question will depend on the precise terms of the Will.There are numerous possible clauses for the appointment of partners in a law...
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Scottish Law
