Private Wealth and Trust Disputes Notes

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"). …

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 …

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 …

Trust Survey – the data privacy angle

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 …

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 …

Ilott v The Blue Cross and others – testamentary freedom and financial provision for family members around the common law world

On 25 April 2017 Richard Norridge, Joanna Caen and Gareth Keillor delivered a webinar on the state of the law relating to testamentary freedom and …

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 …

Herbert Smith Freehills publishes final White Paper - "Trusts - Where are we now?"

Herbert Smith Freehills has published the final of our white papers in the run-up to the Transcontinental Trusts: International Forum 2016, taking …

London High Court considers defence of illegality in claim for beneficial ownership

In Hniazdzilau v Vajgel [2016] EWHC 15 (Ch), a decision handed down last month, the English High Court held that a claim for beneficial ownership in a …

The High Court of England and Wales denies full recovery of trust litigation costs where co-claimants had separate representation

In Ong & Ors v Ping [2015] EWHC 3258 (Ch), the High Court of England and Wales (Chancery Division) limited the legal costs recoverable by a mother …

Hong Kong Court refused to make a grant of administration ad colligenda bona for lack of special circumstances and special justification

In Re Oung Chi Lian Fang (HCMP2347/2015), the Hong Kong High Court refused an ex parte application for a grant of administration ad colligenda bona under …