Trusts – Law Journals

Trusts: Worldwide freezing orders

Simon Adamyk and Jessica Powers outline welcome clarification on the application process for obtaining freezing orders In order to establish a real risk of dissipation, the claimants had to do more than merely establish a good arguable case of dishonesty: rather, the court had to be satisfied that the particular dishonesty alleged pointed to the …

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Trusts: Distinguishing between rules for ‘bare’ trusts and others involving a fiduciary duty

Kerry Bretherton KC and Katie Gray examine a case that finds that the service of a notice to quit is not a breach of trust Where parties have jointly contracted to rent a property and one of them wishes to quit, he or she cannot be held to a tenancy contract which is dependent for …

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Offshore: Lessons for trustees and trust practitioners from Patel v JTC

Trustees should not become overly involved in family disputes, and court sanction should be obtained for any arrangements put in place. Damian Evans and Matthew Davies discuss When discord breaks out between family members, it is often the case that a trustee will find itself caught between the different sides of the family dispute. The …

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Trusts: Time for a new approach?

Alicia Tan reports on a case that confirms the Chancery position on jurisdiction over foreign trusts The effect of Chellaram is to give the English courts a broad remit to intervene in the administration of foreign trusts by way of the in personam jurisdiction. The recent case of Heslop v Heslop [2021] has once again …

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Trusts: The Court of Appeal reviews the elements required to establish knowing receipt, including unconscionability

Sukhninder Panesar examines a case that explores liability for knowing receipt and the need for a continuing proprietary interest The claimant must show that they have a continuing proprietary interest in property which is in the hands of the alleged knowing recipient. Where such a finding is not made, the requisite unconscionability does not exist, …

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Offshore: Making the most of mistake

Rebecca McNulty discusses two recent cases from the UK and Jersey courts that emphasise the importance of a complete evidence picture when establishing mistake If the court is to be persuaded that there has been a genuine mistake, it needs to be provided with all relevant correspondence and documents so that such an assessment can …

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Trusts: Doing away with the need for detrimental reliance

Guy Holland analyses whether a cohabitee’s beneficial interest can be varied by express agreement alone In finding that detrimental reliance was not the only route to establishing unconscionability, Kerr J has identified a clear distinction between the approach to be adopted in single name and joint name cases. It is well established that detrimental reliance …

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Practice spotlight: Can you trust your instincts?

Sheila Rusike and Jo Summers outline some interesting trust practice points gleaned from their recent experience for the benefit of other practitioners It is worth checking exactly how the trustees’ names appear on the Land Registry records to make sure any deeds you create (such as a deed of retirement and appointment) match. Trust and …

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Trustees: Call of duty?

James Sheedy reviews what the trustee needs to know about impact investing A possible solution in answer to the desire of beneficiaries to ‘do good’ with trust funds is for trustees to appoint assets out to beneficiaries for them to then apply them as they deem appropriate. In the last few years, there has been …

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Cryptocurrencies and trusts: Watch and learn

Daniel Scott analyses a civil fraud case that may serve as a precursor for similar cases in the private client sphere on the misappropriation of cryptocurrencies The concession made in this case is to favour the trust analysis such that it is now relatively uncontroversial to view cryptocurrencies as property capable of being held on …

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