Trusts – Page 12 – Law Journals

Trusts: The presumption of advancement?

Catherine Paget looks at the Northall case, which sheds light on who inherits joint bank accounts ‘If a joint account is opened with funds solely provided by one party, the provisions of the deceased’s will or the operation of the intestacy rules will often mask the fact that no specific instruction has been given to …

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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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Trusts: Beyond reach

James Riby and Cora Brown focus on the courts’ approach in cases involving trust assets ‘Recent decisions have appeared to limit the extent to which the court should attempt to “judicially encourage” independent trustees to make payments to potential beneficiaries so that the beneficiary can pay an ancillary relief order.’The decision in M v W …

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Kennon & ors v Spry & ors WTLR(w) 2009-11

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