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Never presume

H.W. Fowler’s opinion was that in using presume, the speaker believes the supposition is true and will believe it until he learns otherwise. In using assume, the speaker feels no certainty that his supposition is true or not. In a legal context, presume means “to take as proved until contrary evidence is presented.” Ex. The … Continue reading

Important Trust Cases Update Webinar

Professional trustees are carrying the can! There have been a number of recent cases where professional trustees have been financially caught out where the trustee is held liable, although not in breach of trust, or fails to be entitled to recover costs or be indemnified from the trust fund. The trustees are all too often … Continue reading

More trustees sent to the naughty corner

Clement v Lucas concerns a family farming enterprise and illustrates the difficulties when beneficiaries cannot agree on how to give effect to the protections parents have put in place for the benefit of the beneficiaries. The contest at the heart of the matter was whether the trustees should distribute the trust assets equally between the … Continue reading