Private Wealth and Trust Disputes Notes
Tag: uk court decisions
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Court resolves dispute between parties as to who should hold the power to appoint trustees following settlor's death
The English High Court has recently approved an application to change the provision of a trust deed relating to the appointment of new trustees.[1] The …
Wills interpreted according to their ordinary and natural meaning despite this not reflecting testators' intention
The English High Court has recently held that, in a case concerning construction of Wills, the ordinary and natural meaning of survivorship clauses …
Akers v Samba: Trusts over foreign assets
The UK Supreme Court has held that the extinction of a company's beneficial interest under a trust on the transfer of an asset by the trustee to a bona …
Judge sentenced to six months' jail by Nottingham Crown Court for forgery of a will and fraud
A former solicitor and disability claims tribunal judge, and her husband, forged a will and letter to obtain two adjacent cottages in order to create …
The English High Court pierces the corporate veil using the "evasion principle"
In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt's property successfully obtained …
Interpretation or rectification --- when and how can the Court uphold an unclear Will according to the testator's intentions
In In the matter of the Estate of Florence Rosemary Harte (Deceased) ("Re Harte"), the English High Court had to decide when and how to interpret and …
England: Extending Mareva injunctions to trustees
Herbert Smith Freehills Disputes Notes has already reported on the litigation between JSC Mezhdunarodniy Promyshlenniy Bank (Mezhprom) and Sergei …
English High Court upholds disclosure order regarding interests of a beneficiary under discretionary trusts
In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Sergei Viktorovich Pugachev and Others [2014] EWHC 3547 (Ch), the English High Court upheld a …
English Court of Appeal confirms account of profits available as remedy for dishonest assistance
Some, if not quite born trustees, are appointed as such at the outset of a trust. Some achieve trusteeship at some later stage. And some have some …
English High Court considers the effect of invalidly appointed trustees
In Jasmine Trustees Ltd v Wells & Hind (A Firm) [2007] EWHC 38, the High Court of England and Wales interpreted "individuals" in Section 37(1)(c) of …
Giving gifts to parents
The recent English case of Re AK (Gift Application) [2014] EWHC B11 (COP) concerned a deputy, appointed to manage a child's property and affairs, seeking …
A Will of Lies
The recent English case of re Boyes (Deceased) [2013] EWHC 4027 (Ch) confirms that a Will can be set aside for "fraudulent calumny", where the testator …
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