United Kingdom: Trusts

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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
B
Brodies
Article
How To Choose The Right Guardian For Your Child?
Selecting a guardian for your children in the event of your death is one of the most critical decisions you'll make as a parent. Without proper planning through a Will, family disputes may arise and a judge could appoint someone unsuitable for your child's needs. Learn the essential factors to consider when choosing guardians, from emotional compatibility to practical circumstances, and discover how to formalize your wishes legally to protect your children's future.
United Kingdom Family
BP
B P Collins
Article
Changes To The Rules On Trust Registration: What Trustees Need To Know
The UK government has introduced significant changes to trust registration requirements, affecting both the Trust Registration Service and the Register of Overseas Entities. These new rules expand registration obligations for overseas trusts holding UK land while providing exemptions for certain low-value trusts, requiring trustees to review their compliance status and take action by specified deadlines.
United Kingdom Wealth Mgt
C
Cripps
Article
Commercial Court Refuses To Continue Proprietary Injunctions Against Investors In Collapsed Mortgage Lender MFS
The Commercial Court has refused to continue proprietary injunctions against investors who received payments from collapsed UK bridging lender Market Financial Solutions (MFS) before its administration. The court found that investors whose investments were returned before the collapse were bona fide purchasers for value without notice, allowing them to take the monies free of any trust despite MFS's alleged misappropriation of funds intended for mortgage loan origination.
United Kingdom Finance
KL
Herbert Smith Freehills Kramer LLP
Article
Cator v Thynn: The Meaning Of “benefit”
A High Court judgment examines whether trustees can exercise their power of advancement to allow the 8th Marquess of Bath to add his son, born via surrogacy in the USA, as a beneficiary of the Longleat Estate family trusts. The case explores fundamental questions about the meaning of "benefit" in trust law and the interpretation of terms like "child" and "issue" in historic trust documentation, while also considering the implications of recent case law on trustees seeking court approval for momentous decisi
United Kingdom Commercial
M
Macfarlanes LLP
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