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Context is everything when defining the common intention constructive trust. Aidan Casey QC and Tom Poole discuss recent case law Marr has changed the way courts should approach disputes about the beneficial ownership of family-owned investment property portfolios. It has been recognised since the decisions of the House of Lords in Pettitt v Pettitt [1970] …
Continue reading "Beneficial ownership: Marring the deal"
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The interests of illegitimate or adopted persons can be problematic when dealing with older settlements. Richard Dew explores an illuminating case An issue which all the beneficiaries and the trustees wished to be resolved in favour of the illegitimate child was resolved by means of a relatively straightforward appointment and application to court rather than …
Continue reading "Trusts: Keeping up with the times"
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Robert Lindley and Wesley O’Brien give the view from the Cayman Islands on how trustees should deal with extraterritorial questions about a trust The basis for seeking Beddoe relief was in accordance with the firewall provisions, whereby all questions arising in relation to a Cayman law trust are to be determined in accordance with Cayman …
Continue reading "Offshore: Roadtesting the law"
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Katherine Neal and Damian Evans investigate whether trustees can take comfort from a recent Jersey decision on involvement in foreign proceedings Only in exceptional circumstances would the Royal Court direct a trustee to take part in foreign proceedings where the assets of the trust could be recovered by a third party. In a world of …
Continue reading "Jersey trusts: To submit – or not?"
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A Cayman court judgment has affirmed the expectations levelled upon a responsible trustee. Lisa Vizia explains A devout Muslim, it was the settlor’s express wish that on his death his assets should be dealt with in accordance with Islamic (shari’a) inheritance laws. A trustee’s work is seldom straightforward and perhaps never truly ends. The professional …
Continue reading "Trustees: Going the extra mile"
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The appearance of a will after many years is problematic. Joseph de Lacey investigates the outcome of this scenario in Wrangle v Brunt, which also involved an allegation of forgery A will can be signed by another person at the direction of the testator. Where this happens, it is sensible to ensure that a full …
Continue reading "Wills: The mysterious case of the long-lost will"
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Laura Abbott reports on a spate of recent cases in which the forfeiture rule has been waived Manslaughter will, in every case, deprive someone of their inheritance unless the court exercises its power to modify the effect of the rule. The long-standing forfeiture rule is a matter of public policy and provides that if a …
Continue reading "Forfeiture: Turning on the facts"
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Laura Abbott reviews the latest developments in adult claims under the Inheritance Act, as well as the controversial issue of the success fee in such claims Re H attracted further attention because it addressed the issue of whether a success fee liability due under a conditional fee agreement could form part of an award. An …
Continue reading "Inheritance Act claims: Need, not comfort"
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Emily Jenkins and Sam Harkness examine the trustee’s duty to account Chief Master Marsh found that in order for the court to make an order for an account (in common form) to be taken, a beneficiary has to show that an account has not been produced or that the account produced is inadequate. Among the …
Continue reading "Trustees: The necessaries"
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Geoffrey Shindler crunches the numbers from HMRC which reveal the current state of trusts ‘Christmas is coming, and the goose is getting fat’. I have no idea whether in this unnatural year of 2020 that statement still holds true. However for all practical purposes it may be that Christmas is coming but not Christmas as …
Continue reading "Musings from Manchester: The ‘threat’ from trusts – fake news?"
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