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Discretionary

This category contains 4 posts

Disclosure denied

In Jacomb v Jacomb Cooke J provides a considered assessment of disclosure in the context of a troubled and disenfranchised beneficiary. The case highlights the need for careful analysis of facts when seeking disclosure, the relevant principles, and importantly given that the Trusts Act 2019 will come into full force and effect on 30 January … Continue reading

Let the children be heard

Trusts and relationships can make for very poor bedfellows. The temptation to remove a former spouse or partner as trustee or beneficiary or to appoint or remove a professional presumed to favour one side over the other (whether or not this is the case) can be tempting. Similarly fraught can be involving children in the … Continue reading

Highly unusual – or not?

In the Matter of the Representation of Scarlett Investment Holdings Limited addresses an application for rectification by a de facto trustee in circumstances where the settlor of three trusts settled by declarations of trust dated 23 February 1982 had died and the original trustee, a BVI private company was believed to have been struck off from … Continue reading

Beneficiary rights – never the twain shall meet

In Little v Howick Trustee DL Limited a beneficiary sought a review of trustee decisions and the removal of a court appointed trustee.  Perhaps surprisingly, considering the position taken in the Law Commission’s draft Trusts Bill and the Trusts Bill currently before Parliament regarding beneficiary rights,  Brewer J found that a discretionary beneficiary had no standing to seek a … Continue reading

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