United Kingdom: Trusts

When a property owner dies, does the surviving joint owner need a grant of representation to transfer the property? This article examines the distinction between legal and beneficial ownership, clarifying when grants are actually required and when they're simply requested out of caution or misunderstanding. Understanding these requirements can save significant time and expense in property transfers following death.

When divorcing with significant wealth, pensions may represent one of the most valuable yet complex assets in the financial settlement. Understanding how pension sharing works, when offsetting may be more appropriate, and how pension benefits fit within the wider matrimonial pot is essential for protecting your retirement position and achieving a fair outcome.

When a family trust is connected to your marriage, understanding its potential impact on your financial settlement is crucial. The court's approach focuses not on legal ownership, but on whether the trust is likely to provide financial support to either spouse now or in the foreseeable future. This analysis explores how discretionary trusts, family trusts, and trust beneficiary status are evaluated in divorce proceedings, examining the key factors that determine whether trust assets become relevant resource

A letter of wishes is a flexible companion document to your Will that allows you to record personal preferences, explain decisions, and provide guidance to executors or trustees. While not legally binding, it offers valuable insight into your intentions regarding personal belongings, funeral preferences, and trust management, and can be updated at any time without changing your Will.

When divorce involves significant wealth, one of the hardest questions is whether you can trust the financial picture being presented to you. You may be worried that assets are being hidden, undervalued or moved out of reach. Or you may be a business owner, entrepreneur or someone with inherited wealth who is concerned about how to protect assets properly without being accused of concealment. These are very different concerns, but they often meet at the same point: the need for clear, accurate financial disclosure and a strategy that protects your position from the outset.

Charities managing multiple restricted funds face administrative challenges and underutilized resources when fund purposes become outdated or inflexible. This analysis explores how trustees can use statutory powers under the Charities Act 2011 to rationalize funds, modernize purposes, and unlock charitable assets for more effective use while respecting donor intentions.

The Financial Times recently highlighted how some institutions pursue high-net-worth clients through lavish hospitality and concierge services, yet this approach fundamentally misunderstands what truly preserves multigenerational wealth. While exotic perks and luxury experiences may attract attention, the real foundation of lasting family office success lies in something far more substantive: trust as an active institutional framework that governs decision-making during both prosperity and crisis.

When a business owner loses mental capacity, managing their exit from the business is just the beginning of a complex legal journey. This article examines the critical steps that follow—from asset management and property sales to estate planning and statutory wills—revealing the essential legal mechanisms that protect incapacitated business owners and their families.

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.