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Deed of Trust

This category contains 26 posts

And

The H J Bourke Family Trust (the Trust) vested in May 2019. The question for the Court was whether the following clause include the grandchildren with the children on a final distribution. “AFTER the expiration of the settlement period to stand possessed of the trust fund (including the said accumulations if any) being so much … Continue reading

The distinction between discovery and disclosure

The distinction between discovery and disclosure can appear esoteric and academic.  However, as identified in Hoeberechts v Sprott each serves a different function, the purpose of which warrants the relevant reflection.  The temptation, whichever is being sought is overreach.  Importantly less truly can be more, and more, can result in so much less that forward propulsion … Continue reading

Balance of convenience is best interest of beneficiaries

  The proceedings in McLaughlin v McLaughlin relate to a dispute between the beneficiaries and trustees of the Ashley Trust (the Trust) and whether there should be an interim injunction to prevent the trustees from proceeding with the next stage of a development of trust property. By way of background see A little light on Beddoe … Continue reading

First up, best dressed

Representation of the Rawlinson & Hunter Trusts SA re Z Trusts relates to appeals against three judgments of the Jersey Royal Court regarding the equitable rights of a former trustee and whether those rights take priority over the rights of other claimants to the assets of a trust whose liabilities exceed its assets, in other words, … Continue reading

Directors are not owners

Pisidia Holdings Limited v Darby relates to an application to lapse notices of claim lodged against the title of seven properties following the end of the relationship between John Darby and Kristen Darby.  The land in question was owned as to a 2/5th share by Pisidia Holdings Limited (Pisidia), the shares in which are held … 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

Strangers and Beddoe orders

A Beddoe order (the name derives from the case Re Beddoe (Downes v Cottam))  is an order made by the court that permits trustees to incur expense on behalf of the trust filing or defending proceedings. A Beddoe order (if obtained) protects the trustees against claims by the beneficiaries that the action should not have been brought … Continue reading

The curious story of the Angora cat

Para 438 in the decision of MezhProm Bank v Pugachev refers to a phenomenon in patent law known as the Angora cat problem first identified by Professor Franzosi, an eminent academic expert in the field: “Professor Mario Franzosi likens a patentee to an Angora cat. When validity is challenged, the patentee says his patent is … Continue reading

How afraid should we be of Clayton?

The Supreme Court decision in Clayton v Clayton changed the trust landscape.  But how afraid should we be?  Are all trusts vulnerable to Clayton-style challenge?  Or just the ones that push the envelope?  And, if the latter, how far can one push before there is a problem? A recent decision of Moore J has provided … Continue reading

The devil and detail and deeds

Accordingly to Wikipedia the idiom, “The devil is in the detail” refers to a catch or mysterious element hidden in the details, meaning that something might seem simple at a first look but will take more time and effort to complete than expected and derives from the earlier phrase, “God is in the detail” expressing … Continue reading

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