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Disclosure

This category contains 11 posts

Disclosure within a narrow compass

The Trusts Act 2019 introduces a statutory presumption that trustees will make basic trust information available to every beneficiary or representative of a beneficiary. For the purposes of the Trusts Act: “beneficiary means a person who has received, or who will or may receive, a benefit under a trust (other than a trust for a permitted … Continue reading

It’s mine said the trustee, all mine

The background to the appeal in Lambie v Addleman is encapsulated in [8] and [9] of the decision where the Supreme Court states as follows: The factual background is set out in Whose advice is it?; Rights to information prevail; and Disclosure request declined – 24 years a leap too far for a beneficiary who … Continue reading

Turning of the tide?

McGuire v Earl is a successful application for the following trust information: statements of accounts copies of all Minutes and Resolutions any documents pertaining to any distributions all documents pertaining to any gifting or debt incurred, and bank statements for all bank accounts. The trust in question was settled by Mr McGuire’s father and Mr … Continue reading

A fishing we shall not go

Charlotte Gavin and Daniel Powell are siblings who have been engaged in sustained litigation relating to trusts settled for their respective benefit, together with other family members that are their effective inheritances with each only intended to have recourse to the other’s trust if their own trust fails (see Powell v Powell). Charlotte seeks to … Continue reading

A fishing we shall go?

Kirby v Kirby is an application for tailored discovery in the context of a Family Protection Act claim in circumstances where the deceased left the residue of his estate after payment of expenses to a trust, the Jubilee Trust (the Trust).  The application, which was made by one of the deceased’s two children is defended by … Continue reading

Whose advice is it?

The Supreme Court decision granting leave to appeal the Court of Appeal decision regarding the disclosure of legal opinions and advice obtained by the trustees in Addleman v Lambie Trustee Limited (see Rights in information prevail) raises the thorny question, regarding how advice belongs to, or must be disclosed to, when legal advice is sought … 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

It’s my trust and I’ll do as I like

“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, …” Thus commenced Charles Dickens’ novel A Tale of Two Cities, and similarly the mindset of any settlor of … Continue reading

Revisions to the Trusts Bill

The Justice Select Committee has reported back to Parliament (following two time extensions). The recommended amendments to the Bill are largely minor in effect, dealing with definitions or clarification of proposed provisions, although there are adjustments to maximum duration periods for resettlements and the addition of a “guiding principle” for trust duties. Key points are: … Continue reading

Disclosure request declined – 24 years a leap too far for a beneficiary who had already received 25%

This blog should be read together with the subsequent Court of Appeal decision.  See Rights to information prevail. As noted by Woolford J in para [1] Addleman v Lambie Trustee Limited relates to “an unfortunate dispute between sisters as to what level of disclosure is appropriate for the affairs of the Lambie Trust (the Trust)…” … Continue reading

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