United Kingdom: Trusts

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Article
Lasting Powers Of Attorney, Liberty And The Right Forum: Reflections On The Sir Ranulph Fiennes Reports
The high-profile case of Sir Ranulph Fiennes has sparked debate about the legal boundaries of Lasting Powers of Attorney and deprivation of liberty safeguards. When does an attorney's authority end, and what role does the Court of Protection play in resolving disputes over care arrangements for vulnerable individuals? This case highlights critical questions that affect anyone involved in making or acting under health and welfare decisions for incapacitated relatives.
United Kingdom Commercial
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Boodle Hatfield
Video
Instructing An IFA In Court Of Protection Cases: What To Include (Video)
Independent Financial Advisers need comprehensive information about a protected party's background, current finances, and future care projections to provide effective advice in Court of Protection cases. Deputies who understand how to frame instructions properly—focusing on what the money needs to achieve rather than simply what's available to invest—receive better-targeted financial guidance and can more effectively manage family expectations through scenario modelling.
United Kingdom Wealth Mgt
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Anthony Gold Solicitors LLP
Article
Retaining Control Or Influence When Setting Up A Trust
Establishing a trust requires transferring legal ownership and control of assets, but settlors often seek ways to retain some influence over their wealth. This analysis explores the delicate balance between maintaining appropriate involvement in trust arrangements and preserving their legal effectiveness, examining the mechanisms available and the significant risks that arise when control is retained too extensively.
United Kingdom Commercial
Taylor Rose
Article
Private Wealth Essentials: Powers Of Attorney
Understanding the legal boundaries between powers of attorney and executors is crucial for estate planning. When beneficiaries suspect mismanagement of estate assets by someone who previously held power of attorney, complex questions arise about accountability and legal recourse. This analysis explores the circumstances under which beneficiaries can challenge an executor's prior actions and the remedies available under Scottish law.
United Kingdom Family
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Brodies
Article
"It Is Difficult To Overstate How Unusual The Facts Of This Case Are": Macfarlanes Obtains £12.6m Injunction For Dignity Funerals Over Trust Funds Paid To Pride Planning
Macfarlanes has secured proprietary injunctions over £12.6 million in assets following what a judge described as a "remarkable" settlement process involving Pride Planning and trustees of a funeral plan trust. The case centers on allegations that trustees breached their fiduciary duties by rapidly settling a claim and transferring all trust assets to Pride Planning, leaving nothing for customers who had not transferred to Dignity. The court found a good arguable case that the settlement constituted a b
United Kingdom Commercial
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Macfarlanes LLP
Article
UK tax update April 2026 In this article for the April edition of French estate planning journal Ingénierie Patrimoniale, Edward Reed and George Mitkov look at... Article 4 August 2026
This article examines recent UK legal developments affecting estate planning and trust structures, including landmark court decisions on trust registration and HMRC challenges, expanded reporting requirements for overseas entities and trusts, and significant changes to Agricultural and Business Property Relief allowances that impact wealth preservation strategies.
United Kingdom Wealth Mgt
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Macfarlanes LLP
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