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Signing the wrong will

You can imagine it can’t you?  Your client has died and so you get the will from deeds.  You prepare the probate application and attend on your client’s surviving spouse.  You talk gently about the loss.  The probate documents are ready for submitting and then you happen to notice that the survivor’s signature is very … Continue reading

Contracting with trustees, all of the trustees

The facts ma’am, nothing but the facts.  When the facts relate to a contract with trustees, the proposition becomes the trustees ma’am – nothing less than all the trustees. Trusts are not legal entities.  Regardless I commonly see contracts between the A Trust and another contracting party.  This is a dangerous practice because how is … Continue reading

I am not my trust

The separation between settlor and trust and the need to appreciate this is a common theme.  See for example My trust is my creature. However, this does not mean that the existence of a trust can be disclaimed when convenient to do so.  This issue is canvassed in a reserved decision of Judge AA Sinclair … Continue reading

Death and taxes

While in the context of trusts it is common to talk of the three certainties, in life it is often said that the only certainties are death and taxes.  The decision in The Foundation For Anti-Aging Research & Anor puts a new spin on this adage.  This case relates to two failed applications for registration … Continue reading