Trusts and Estates

The appointment of family members rather than independent professional advisers to act as executors and trustees may seem to offer a saving of professional fees. There may also be advantages in their personal knowledge of the beneficiaries, as well..

In ‘From the courts’ on p.4 there is a note of the Court of Appeal decision in Barnsley and Others v Noble [2016] EWCA Civ 799. This was a complex case, in which claims were made against an executor alleging that he had used his position..

One of the arguments for arranging for property to be held in trust, instead of giving or leaving it to the intended beneficiary outright, is that the property can be protected from being claimed by the beneficiary’s creditors. In bankruptcy,..

It is well established that trustees must provide accounting and other information to beneficiaries, and even potential beneficiaries. Often this duty may be satisfied by trustees circulating capital and income accounts drawn up by accountants...

The concept of joint ownership of indivisible assets can cause difficulties, at least for those unfamiliar with the law of property. Most obviously the difficulties arise where land is jointly owned, and one of the joint owners wishes to know which..