Revocation, republication and revival

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Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
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9th Nov
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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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
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...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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9th Nov
Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
Practice notes
A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
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9th Nov
Practice notes
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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9th Nov
Practice notes
What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 12th Jan
Practice notes
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...
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9th Nov

Most recent Revocation, republication and revival content

Practice notes
Statutory provisionsThe general ruleThe general rule is that marriage automatically revokes any Will made by either party before the marriage. The...
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9th Apr
Practice notes
Modes of voluntary revocationA Will is regarded by the law as revocable by the testator until their death. A testator may not revoke their Will in any...
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9th Apr
Practice notes
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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9th Apr
Practice notes
Conditional revocationRevocation of the whole or part of a Will or codicil by destruction, or by another Will or codicil, requires an intention to...
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9th Apr
Practice notes
Nature of republicationPublication was a declaration by the testator to the witnesses that the Will was theirs.The process of publication of a Will is...
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9th Apr
Practice notes
Modes of revivalA testator who has revoked their Will either with or without making a new one may wish to revive that Will. The testator may write out...
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9th Apr
Q&As
For the purpose of this Q&A we have assumed that the testator and the putative civil partner are both resident in the UK and that the civil...
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15th Feb
Q&As
Section 18(1) of the Wills Act 1837 (WA 1837) provides that, subject to the exceptions in WA 1837, s 18(2)–(5), a Will shall be revoked by the...
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15th Feb
Practice notes
In contrast to the recognition of overseas divorce or dissolution of civil partnership, the recognition of an overseas marriage or civil partnership...
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2nd Feb
Practice notes
11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
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1st Feb
Q&As
Presumption of revocationThe question is referring to the presumption of law that if a Will can be traced back to the possession of the testator and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 8th Jan
Q&As
For the purposes of this Q&A, we have assumed that both Wills, and the codicil, were all validly executed in accordance with the Wills Act...
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29th Nov

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