Private Wealth and Trust Disputes Notes

Private Wealth & Charities Podcast EP10: Trust Companies Survey – Cyber security

Private Wealth & Charities Podcast EP9: Trust Companies Survey – Tax

Trust Survey – the data privacy angle

Private Wealth & Charities EP8: Trust Companies Survey – Data protection

Private Wealth & Charities podcast EP7: Trust Companies Survey – Reputational Risk

Private Wealth & Charities EP6: Trust Companies Survey – Beneficiary disputes

Court considers the will of the judge who created the ‘Golden Rule’

GOSS-CUSTARD & ANOR V TEMPLEMAN & ORS [2020] EWHC 632 (CH) Following a seven-day trial, judgment was handed down on 28 January 2020 upholding …

HMRC GUIDANCE ON STATUTORY RESIDENCE TEST AND COVID-19

HMRC has updated its guidance on the Statutory Residence Test (“SRT”) to extend the exceptional circumstances exception to cover COVID-19. When …

Herbert Smith Freehills launches major new trust companies survey

We have launched our annual survey to map the major risk and compliance issues facing trust companies. We are looking to identify the key trends in the …

English Court of Appeal endorses High Court approach to determining interest rate applicable to equitable compensation payment arising out of breach of fiduciary duty

In the recent decision of Watson v Kea Investments Ltd [2019] EWCA Civ 1759 the English Court of Appeal endorsed the approach taken by the High Court in …

TRUSTEES TAKE COMFORT – HIGH COURT UPHOLDS BROAD SCOPE OF EXONERATION CLAUSES

Summary Trustees often seek to limit their liability in the form of exoneration clauses in trust deeds. As such,  it is generally difficult for a …

Out of time financial provision claims under the 1975 Act - further clarity from the English Court of Appeal?

In the recent case of Begum v Ahmed [2019] EWCA Civ 1794, the Court of Appeal granted permission for the Appellant to bring a claim 12 months out of time …