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The Supreme Court has held that notwithstanding the fact that “The appellants were abused in a most shocking way by their father when they were children…” that “The imposition of fiduciary obligations based on peculiar vulnerability alone, untied from the analysis of, or even need for, a subsisting relationship, is inconsistent with the relationship-based analysis … Continue reading
“Retaining” the trust when a relationship ends is often not as straight-forward as the relevant parties might consider. This is highlighted in Collinson v Collinson & Co Limited where orders were sought for variation to a trust to allow the inclusion of one the settlor’s child and a any future children with his new party. … Continue reading
When a person dies intestate, the Administration Act 1969 determines how that persons estate is to be distributed and what portion is held subject to statutory trusts. In Public Trust v Berry O’Gorman J considers the appropriate structure for managing the residue of the estate in question following the completion of administrative functions. The alternatives … Continue reading
Robson v Robson helpfully outlines the process to follow when an executor has neglected to prove a will. In this case the named executor did not apply for probate, or renounce. No reasons were given. The substitute executor’s solicitors wrote to the executor when more than six months had elapsed inviting the named executor to … Continue reading
Matters of Trust 