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Arbitration

This category contains 3 posts

A trust without a trustee …

Ryan v Lobb relates to the interpretation of a resettlement clause contained in the deed of trust for the Lothbury Trust (the Trust) that expressly provided for a resettlement on written notice in the event that the Settlors separated, or their marriage was legally dissolved. Such notice was given by Ms Ryan in 2017 following … Continue reading

Arbitration on whose terms?

Ryan v Lobb relates, amongst other things) to a question of interpretation of a clause in a trust deed of the Lothbury Trust (the Trust) relating to the resettlement of trust assets in the event of separation.  While on the face of it a provision dealing with the settlors’ separation appears prudent; as was also … Continue reading

Buyer’s remorse

Trusts can seem like a great idea.  And then one day a settlor can be confronted with the reality of the loss of control and cast around for someone to blame.  In addressing the realities of trust ownership, the exercise of powers of removal and appointment can offer a solution to issues with the dynamics between … Continue reading

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