Trusts and Estates

Under s57 of the Trustee Act 1925 the court is given a wide power to authorise trustees to sell, lease, or dispose of trust property, or purchase, invest, acquire or engage in other transactions when they are not otherwise authorised to do so by..

Traditional trust lawyers distinguish sharply between capital and income. This distinction is of course enshrined in the beneficial interests given under traditional trust instruments, where a ‘life tenant’ will be entitled to the..

It is well known that joint owners of land always hold the legal estate in trust, as joint tenants. This is of course administratively simple. If one of the joint owners dies the legal estate is automatically vested in the survivors. It is..

When considering the CGT position of a property held in trust, it may be useful to regard the trust as a separate entity subject to its own CGT rules. This is very much the philosophy behind s69(1) TCGA 1992, which provides that the trustees are to..

At one time it was thought that the costs of all parties to an action to establish the validity of a will would be met from the estate. Recent case law has confirmed that there never was such a principle, and that in probate actions as in other..