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The “objective” construction of trusts
In Marley v Rawlings [2015] 1 AC 129 the Supreme Court held that the principles for the construction of a Will are no different to that of a commercial contract. In the years following this decision a number of lower courts have (perhaps..
Online Published Date:
30 November 2020
Appeared in issue:
Vol 34 No 9 - 30 November 2020
Beddoe applications: Do putative creditors get a say?
This article takes a look at two recent offshore Beddoe applications: the first made in the context of an estate and the second in the more typical trust arena. Although these are offshore decisions the principles considered are likely to be of..
Online Published Date:
30 November 2020
Appeared in issue:
Vol 34 No 9 - 30 November 2020
The illusory trust: Pugachev revisted and Webb v Webb
If a settlor transfers property to a trust in which he has no fixed interest, it ceases to belong to him and passes beyond the reach of his creditors as well as the claims of a divorcing spouse. It must then seem rather puzzling and indeed..
Online Published Date:
30 November 2020
Appeared in issue:
Vol 34 No 9 - 30 November 2020