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Beddoe late than never

In the Matter of the Stingray Trust relates to complex inter-jurisdictional trust proceedings hard in the Cayman Islands.  It is noted that the Cayman Islands, like the Jersey and Guernsey Islands provide a wealth of considered trust jurisprudence due to the number of cases heard and the similarity of the underlying statuary and common law … Continue reading

Exit stage left

Oldfield v Oldfield relates to the trust consequences of a marriage breakup.  Specifically, who should be the trustees when the settlors, who are also trustees, can no longer work together. Mrs Oldfield wishes to see Mr Oldfield removed as a trustee.  Mr Oldfield’s view is that it is not appropriate to replace the trustees, rather the … Continue reading

Saunders v Vautier 2019

The rule in Saunders v Vautier is generally well understood.  However, the parameters of the rule are less clear.  As noted in the Law Commission’s Third Issues Paper on the Review of the Law of Trusts “Perpetuities and the Revocation and Variation of Trusts”: The scope of the rule has become wider than merely allowing a … Continue reading

Leave it in the sandpit

Central to the dispute in Roblin v Roblin is two brothers forced into co-trusteeship and co-ownership due to their joint appointment as executors and trustees of their mother’s estate.  The main asset of the estate is a property lived in by one brother and a number of unrelated parties, the terms of whose tenure was … Continue reading

70% too late?

On first blush Kinney v Pardington appears to set the bar for Family Protection Act (FPA)claims at an almost unprecedented 70% in the context of one of three children claiming a breach of moral duty.  However, when the facts are considered, the context of this case, may set it apart due to the very specific … Continue reading

Ink vs litigation

On first glance Almond v Read, appears to have it all.  Arguments were made relating to the parties common intention, a constructive trust and breaches of fiduciary duty in the context of family owned land that was acquired with best of intentions.  However, over time, different parties adopted different views of the basis upon which a … Continue reading

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