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Variation

This category contains 32 posts

Charitable or not?

The decision in the Southland and Scottish Hall Community Trust case raises the important consideration of knowing what it is you are dealing with.  In this case a declaration was sought as to whether the trust was a trust under the Trustee Act 1956, or a charitable trust under the Charitable Trusts Act 1957.  The trust … Continue reading

Who is the settlor’s spouse?

A recent application for variation or rectification of the deeds of two mirror trusts highlights the need for careful consideration when drafting deeds of trust.  The deeds in question define the Final Beneficiaries to include the husband/wife (as relevant) of each settlor.  Some years later the husband and wife separated and their marriage was subsequently dissolved.  The … Continue reading

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