Private Wealth and Trust Disputes Notes

Trustee conduct in focus following Fashion for Relief inquiry

Part 2 - Charities? Hardest game in the world that is

In our previous article, we looked at the increasingly crowded and competitive world that charities operate in.  This time, we think about one …

Charities? Hardest game in the world that is

I've been wondering over the last little while whether the charitable sector might be one of the most competitive in the country. How many charities are …

Set-aside of a mutual will ordered by the High Court on the basis of presumed undue influence

Summary In Naidoo v Barton [2023] EWHC 500 Ch, the High Court ordered that a 25 year old mutual will be set-aside on the basis of undue …

The Trust Registration Service and UK Real Estate – FAQs

Recent legislation and updated HMRC guidance have expanded the scope of trusts that have to register with HMRC's Trust Registration Service ("TRS"). …

New UK Regulations on Russian Sanctions – Trusts Services

On 15 December 2022, the UK published the Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (the "Regulations") which amend the UK’s …

The Court of Appeal determines where an executor appointed in respect of a foreign will derives their authority to bring English proceedings

Summary In Jennison v Jennison [2022] EWCA Civ 1682 the Court of Appeal determined that an executor of a foreign testator derived their title and …

The Privy Council considers the purpose of a trust is of central importance when considering exercise of trustee power

Summary The Privy Council has recently considered the proper scope of a trustee's power. In short, the Privy Council held that the exercise of a …

The proper basis for awarding remedies for proprietary estoppel is no longer "Guest work"

Proprietary estoppel arises in the context of property and creates a proprietary interest in that property in circumstances where: (i) a promise in …

A recent example of the High Court holding an executor in contempt for not complying with their duties

The High Court has recently found that an executor was in contempt of court and sentenced him to a 4-month custodial sentence. The executor had failed to …

In the matter of the Arpettaz Settlement [2020] JRC 161

Should the trustee of an offshore trust involve itself in proceedings concerning the trust that take place onshore?  The received wisdom is that an …

Private Wealth & Charities Podcast EP11: Trust Companies Survey – Anti-Money Laundering