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Trust settlors commonly provide a memorandum of wishes to the trustees. However, the extent to which the trustees are bound to follow these wishes is unclear. The traditional role of the settlor in the family trust has been simply the making of an initial settlement onto the trust, to be held by the trustee or … Continue reading →
A nice idea or a reliable and permissible direction to trustees? Join Vicki Ammundsen to hear her views on memoranda of wishes:
The decision in Enright v Enright has been successfully appealed and cross appealed (in part). The fundamental conclusions reached in the High Court have been upheld, but with some significant finessing. the Limitation Act defence has been overturned on the basis of a reasonable assessment of when a person in the applicant’s situation, with comparable education … Continue reading →
Matters of Trust