Trusts - Law Of Trusts (England)

Below is a selection of our most recent updates on this subject.

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Iht/Cgt Planning For Businesses

Businessman's family lose appeal over "sudden death" tax charge
Tuesday, May 15, 2012

Court Of Protection Refuses To Sanction A Gift From Negligence Damages

The Court of Protection decided in the case re JDS, Smyth v JDS (2012) (COP10334473) that a gift into trust by an individual, from his damages for clinical negligence, would not be in his best interests.
Thursday, March 15, 2012

Capital And Income In Trusts: Classification And Apportionment

The Trusts (Capital and Income) Bill (HL Bill 131) was introduced in the House of Lords on 29 February 2012.
Friday, March 09, 2012

Variation Of A Trust Under Jersey Law

Jersey Court approves variation of an existing settlement to allow the settlor to be added as a beneficiary on the grounds that the variation, which results in tax mitigation, may be considered to be for the benefit of the beneficiaries.
Monday, February 27, 2012

Variation Of A Trust Created On Intestacy

In the case Wright v Gater (2011)EWGC 2881 (Ch) the Court agreed to vary the terms of the statutory trust coming into effect on intestacy in favour of a minor.
Friday, February 17, 2012

The Rule In Hastings Bass To Be Decided In The Supreme Court

In August 2011, the Supreme Court Appeal Panel granted permission to appeal the Court of Appeal's decisions in the jointly heard cases of Pitt and another v Holt and another; Futter and another v Futter and others [2011] EWCA Civ 197. The Supreme Court will hear the appeal in February 2012
Tuesday, January 03, 2012

Review Of Anti-Money Laundering Regulations

Both the UK Government and the Financial Action Task Force (FATF) are consulting on the effectiveness of the current anti-money laundering (AML) regulations. The FATF is of particular importance to those involved with trusts and trustees.
Tuesday, October 25, 2011

Privy Council Overturns Guernsey Court Of Appeal In The Case Concerning Trustees' Liability For Gross Negligence

The decision of the Judicial Committee of the Privy Council in Spread Trustee Company Ltd v Sarah Ann Hutcheson and others [2011] UKPC13, which overturned the decisions of the Royal Court of Guernsey and the Guernsey Court of Appeal, is one of the most important on the liability of trustees and is significant not just for Guernsey but also in England and Wales and in Scotland.
Tuesday, September 13, 2011

Perpetuities And Accumulations - Jurisdictional Problems

Following the introduction of the Perpetuities and Accumulations Act 2009 in 2010 the law of perpetuities and accumulations in England and Wales is clear. However, the rules are different in both Northern Ireland and in Scotland, and difficulties persist as the pace of reform of trust law in those jurisdictions is different.
Friday, September 09, 2011

Rectification Of A Bare Trust That Wasn'T Bare

In Chisholm v Chisholm (2011) WTLR 187 the Court agreed to rectify a deed of trust under which the beneficiary's entitlement was delayed until age 25. Although this was what the settlor wanted, it also meant that a relevant property settlement was created - which is not what the settlor wanted, as the settlor's intention was to make a PET by creating a bare trust.
Thursday, June 30, 2011

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