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BVI Court of Appeal Comment on Trustees' Duty to Account and Evidential Presumptions in Trusts
The BVI Court of Appeal has recently allowed an appeal concerning a trustee's failure to account and breach of trust.[1] The breach of trust arose as a …
Court of Appeal considers dispute over mother's mental capacity
The Court of Appeal of Hong Kong has recently upheld a decision appointing a son to be the Committee to take care of his incapacitated mother's …
Court orders solicitor to complete estate administration or face jail
The County Court at Cardiff has recently ordered a solicitor to comply with the Legal Ombudsman's direction to complete the administration of an …
Jersey Court gives directions to trust company under the Foundations (Jersey) Law 2009
The Royal Court of Jersey has recently heard the second application under the Foundations (Jersey) Law 2009 (the “Foundations Law”). The Application was …
Family dispute over the setting-up of a trust rejected because plaintiff consented to the trust at the time of establishment
In a recent case, the Singapore High Court has held that a plaintiff's agreement to the setting-up of a trust to protect a family's wealth (including the …
Court finds father cannot alter his will to stop son inheriting the family farm
The English High Court has recently found that a father could not change his Will so as to prevent his son receiving sole ownership of a family farm. [1] …
Hong Kong Court rejects case that shares were held on trust, finding that evidence adduced was inconsistent
The Hong Kong High Court has recently held that Eric Hotung had not imposed a trust in his favour when he gave HK$2,000,000 to Ho Yuen Ki in 1961 for the …
Failure to comply with freezing orders leads to prison
In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev, [2016] EWHC 248 & 258 Ch (sentence) and [2016] EWHC 192 (Ch) (liability), the …
What standing does a bankrupt beneficiary have to request and receive information about a trust?
In Erceg v Erceg[1] the New Zealand Court of Appeal ruled on the standing of bankrupt beneficiaries to bring claims against trustees. In …
Valuable guidance on recovering costs after the removal of an invalidly appointed trustee
In a recent decision of the Royal Court of Jersey (In the Matter of the Piedmont Trust and the Riviera Trust [2016] JRC016), the Court delivered its …
London High Court considers defence of illegality in claim for beneficial ownership
In Hniazdzilau v Vajgel [2016] EWHC 15 (Ch), the English High Court held that a claim for beneficial ownership in a company was not defeated by a defence …
English High Court considers circumstances in which a beneficiary can sue on behalf of an un-administered estate
In Haastrup v Okorie [2016] EWHC 12 the English High Court held that a beneficiary was not entitled to sue on behalf of a deceased's estate where a …
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