Archive for

No one likes me, I’m going down the garden to eat snails

Being a trustee is hard. Hallmark persistently fails to produce a Love your trustee card. There is no national, or international trustee day. It can be hard slog. And yet, when the beneficiaries say we don’t want you, we want someone else, trustees turn up all guns blazing overflowing with umbradge. The difficulty is knowing … Continue reading

The head is reinstated

Section 182 of the Family Proceedings Act 1980, provides that the court has the power to vary the terms of a nuptial settlement where the parties’ marriage or civil union comes to an end. The seminal cases on section 182 are Ward v Ward and Clayton v Clayton [Claymark Trust]. These cases have been clear … Continue reading

Breach of parental fiduciary duties

A v D and E is a ground breaking decision of Gwyn J holding that a parent can owe fiduciary obligations that survive into adulthood and that property transferred in breach of this duty will be required to be accounted for. The plaintiffs are the three surviving adult children of Mr Z (deceased). The three … Continue reading