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bare trust

This tag is associated with 2 posts

Declaration of bare trust

Re Estate of Witchall relates to four blocks of land held by a company removed from the Register of Companies pursuant to the Companies Act 1955. As noted at [3] to [5]: The company in question could not be reinstated to the Register of Companies as there the Companies Act 1993 does not provide for … Continue reading

A bare trust by any other name

A bare trust arises where property is held by a trustee who can only act on the direction of the trust’s beneficiary.  Bare trusts can arise inadvertently or by design.  The recent decision in Mudgway v Tetra House Trustee Limited, which considers the sustainability of a caveat involves some consideration of whether the trust in question was a bare trust.   See paragraphs … Continue reading

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