Trusts and Estates

It is often necessary to litigate on behalf of someone who lacks capacity. This article considers the test for litigation capacity, and issues concerning litigation friends. This will include obtaining authorisation from the Court of Protection to..

The March 2019 issue of Trusts & Estates addressed possible circumstances that might lead trustees to make applications to the Court and the method by which they would do so. In H & Others v S Trustees et al,1 the issue facing the trustee..

This recent decision in respect of the application of the self-dealing rule to a sale of shares to one of the trustees (and objects) of a discretionary trust is interesting in demonstrating the court’s relatively rigorous approach to the application..