This tag is associated with 3 posts

What the hell does this mean?

As the Trusts Act 2019 coming into full force and effect in 2021 gets closer, many reviews of trusts deeds are being carried out to determine what a presumption to notify each beneficiary of basic trust information will look like.   While for many trusts the issue is a wide class of beneficiaries, for others the … Continue reading

I didn’t read it …

The background to Kusabs v Staite, which relates to the rectification of a lease, is complex and fact specific and highlights the need for parties to written documents to ensure an accurate record of the agreement that is being recorded. Relevant considerations from the Court of Appeal include: the standard of proof for rectification is … 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