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Wishes are not promises

As noted at [43] in Firmin v Porter “… the Testamentary Promises Act has no counterpart elsewhere in the world.” The provisions of that act are summarised at [44] in the following terms: “In summary, s 3 provides that whether or not a claim could have been made during a deceased person’s lifetime, their estate … Continue reading

Court consent to variation, but no order for costs

Re Turner Family Trust No 2 relates to an application pursuant to section 124 of the Trusts Act 2019 for an order to approve a variation on behalf of any person who may acquire a beneficial interest in the trust at a future date. All living beneficiaries were adult, have capacity and approved of the … Continue reading

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