Continue reading "Commercial Trusts: Pragmatism prevails"
Re English & American Insurance Co Ltd; Re the Trustee Act 1925 HC13C02801
Wills & Trusts Law Reports | January/February 2014 #136This was an application by the trustees of a trust arrangement forming part of Schemes of Arrangement following the insolvency of English & American Insurance Company Ltd (EAIC). The trustees were unable to make distributions to the vast majority of beneficiaries under the trust owing to the existence of a small subset of beneficiaries who potentially had rights under the fund. Accordingly the trustees made an application under s57 of the Trustee Act 1925 for power to apportion the trust fund or alternatively for power to make interim distributions either under the court’s...
Hughes & ors v Bourne & ors [2012] EWHC 2232 (Ch)
Wills & Trusts Law Reports | October 2012 #123Eric Lionel Thomas (the settlor) settled a trust (the 1961 settlement) by deed dated 27 June 1961 (the 1961 deed). The principal asset of the 1961 settlement was a controlling interest in NWN Media (the company), a family owned newspaper publishing company that published local newspapers in Wales, Chester, Shropshire and Herefordshire. The trustees of the 1961 settlement (the trustees) were given powers by the 1961 deed to sell shares with the consent of the settlor during his lifetime and thereafter at their discretion. In addition, the 1961 deed gave the trustees the powers of appropri...
Trusts: Section 57 clarified
Continue reading "Trusts: Section 57 clarified"