Trusts – Page 2 – Law Journals

Equity, volunteers and unconstituted trusts: Certainty of subject matter

Mark Pawlowski considers whether a volunteer can enforce a promise to settle property Fletcher highlights the difficulty in any particular case in determining whether or not there is an intention to create a trust of the promise. In most cases the requisite intention will be absent and, therefore, will prove fatal to the existence of …

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Trustees: The court’s power to bless decisions

Melody Munro reviews a case that exposes the delicate balance trustees have to maintain between beneficiaries’ wishes and what is best for the trust It is, quite rightly, not for the court to impose its own view of the merits of a decision but rather to consider whether the trustee’s decision is one which a …

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Trusts: Making well-documented inquiries

Robert Lindley and Wesley O’Brien provide a step-by-step guide to dealing with missing or uncooperative beneficiaries It will be important for the trustee to be capable of demonstrating that it has made sufficient reasonable efforts to find and/or contact the relevant person. Trusts exist for the benefit of their beneficiaries and it is to beneficiaries …

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Mistake: Forgiven, but not rewritten

Oliver Auld reviews the scope of the Jersey courts to set aside a voluntary disposition or other transaction on the grounds of mistake While the court accepted that Art 47G gave it a flexible decision-making power to determine the extent to which a voidable exercise of power has effect, the court was not persuaded that …

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Trusts: Perception vs reality

Caroline Doyle reviews STEP’s recent report on trusts and its findings STEP reports that is clear that the perception in the UK is that trusts are the purview of the rich and famous. It is suggested that this is in part due to many people being introduced to the concept of trusts through literature focusing …

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Trusts: Every penny counts

James Lister and Sean Hilton summarise the approach to trust assets in family proceedings Case law demonstrates the need for absolute clarity from the outset, the nuanced nature of cases involving trust assets and the enhanced duties of the lawyers involved to give judges proper guidance so as to avoid unsafe decisions. It has always …

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