The Court of Appeal of Hong Kong has recently upheld a decision appointing a son to be the Committee to take care of his incapacitated mother’s affairs[1]. This was despite protest from the son’s sibling, who claimed the son was an inappropriate person to be the Committee. The sibling also contested that their mother did … Read more

The County Court at Cardiff has recently ordered a solicitor to comply with the Legal Ombudsman’s direction to complete the administration of an estate.[1]  Failure to do so would result in imprisonment for 14 days. The case re-enforces the importance of complying with the Legal Ombudsman’s directions in relation to estate administration and illustrates how … Read more

The Royal Court of Jersey has recently heard the second application under the Foundations (Jersey) Law 2009 (the “Foundations Law”). The Application was from a trust company in its capacity as the sole council member of a set of foundations (the “Foundations“). The trust company sought directions as to whether it could amend certain provisions … Read more

In a recent case, the Singapore High Court has held that a plaintiff’s agreement to the setting-up of a trust to protect a family’s wealth (including the assets of a deceased family member) was a valid defence for a defendant facing claims of breach of duty as executrix and breach of trust.[1] The case illustrates that the … Read more

The English High Court has recently found that a father could not change his Will so as to prevent his son receiving sole ownership of a family farm. [1] The farm had been promised to the son over the course of many years. It was held that these promises created an equitable interest in the … Read more

The Hong Kong High Court has recently held that Eric Hotung had not imposed a trust in his favour when he gave HK$2,000,000 to Ho Yuen Ki in 1961 for the purchase of shares in a Macau gambling business.[1] Whilst the Court declined to characterise the transfer of the funds as a gift or loan … Read more

In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev, [2016] EWHC 248 & 258 Ch (sentence) and [2016] EWHC 192 (Ch) (liability), the English High Court sentenced Russian businessman Sergei Pugachev to two years in prison for contempt of court.  The Court found Mr Pugachev had breached several worldwide freezing orders made by the English … Read more

In Erceg v Erceg[1]  the New Zealand Court of Appeal ruled on the standing of bankrupt beneficiaries to bring claims against trustees.  In addition, the Court considered the role of trustee discretion when determining beneficiary access to trust documentation. The decision is useful for trustees and beneficiaries alike, and provides clarity on the steps a … Read more