June 2017 #187 – Law Journals

Variation: Keeping up-to-date

Mary Ashley looks at modernising trusts through variation ‘The court’s jurisdiction does not extend to allow for a resettlement of the trust – the court may only consent to arrangements which vary or revoke existing trusts.’ Once a trust is created, the trustees are effectively bound by the terms of it. At times, this can …

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Musings From Manchester: Counting the coppers

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Geoffrey Shindler finds the current public funding predicament all too familiar ‘What we regard as the basics of our civilisation is under such a severe challenge that we are all being asked to contribute to provide what we thought we were providing by way of our general taxation contribution.’Two articles caught my eye in a …

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Professional Standards: Revolution or evolution?

Michael Young considers the eighth edition of Professional Conduct in Relation to Taxation ‘Were it not for the “shortcomings” and lack of a clear intention in much tax legislation, half the subsequent anti-avoidance and clarifying provisions would not be needed.’ According to Wikipedia, one of the distinguishing features of a professional is the requirement that …

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International Trust Law: Disclose or withhold?

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Gillian Coumbe QC discusses a recent case where the New Zealand Supreme Court considered the principles governing disclosure of trust information to beneficiaries ‘There is no absolute right to any trust document. However, where the request is made by a close beneficiary for access to core documents such as the trust deed and accounts there …

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1975 Act Claims: Dead end

Katherine Pymont reflects on the lessons from Roberts v Fresco [2017] ‘In order for a personal representative to bring a claim, a cause of action must have vested in the deceased before his or her death.’The High Court has held in Roberts v Fresco [2017] that a husband or wife’s right to claim under the …

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Trusts: Do your homework

Nigel Sanders examines changes of trustees and protectors in contentious circumstances ‘The court held that the appointment of the new trustee and removal of the trustees were such closely linked decisions and exercises of the powers of appointment, that they stood and fell together.’Most modern trust instruments will contain provisions which grant certain individuals the …

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Guidance Update: Practice tips

Simon Edwards sums up key recent guidance of which practitioners should be aware ‘So far as attorneys are concerned, the terms of the power should make it clear whether or not the attorney can make decisions on the donor’s behalf even if the donor has capacity to make those decisions.’ March heralded not only spring …

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Trustees: Who pays?

John Greenfield and Elaine Gray outline recent Channel Island decisions on the personal liability of trustees ‘Under the Art 32(1)(a) regime, the trustee remains liable in law on the obligation and is the person against whom an action must be brought by the creditor.’ This article reviews a series of judgments delivered in 2014 and …

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