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On 15 December 2022, the UK published the Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (the “Regulations“) which amend the UK’s principal regulation imposing sanctions on Russia (the Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Regulations“)). This post just focuses on the impact of the amendments on trusts, however our colleagues in the … Read more
Summary In Jennison v Jennison [2022] EWCA Civ 1682 the Court of Appeal determined that an executor of a foreign testator derived their title and authority to bring proceedings in England and Wales from the will of the testator and not from a grant of probate. In particular, the Court of Appeal noted that this … Read more
Summary The Privy Council has recently considered the proper scope of a trustee’s power. In short, the Privy Council held that the exercise of a trustee’s power must be within the proper purpose of that particular power. In its ruling the Privy Council did not consider there was an absolute substratum rule (i.e. a rule … Read more
Proprietary estoppel arises in the context of property and creates a proprietary interest in that property in circumstances where: (i) a promise in respect of the property is made to by one person to another who relies upon the promise to their detriment; and (ii) there is a failure to keep that promise that causes … Read more
The High Court has recently found that an executor was in contempt of court and sentenced him to a 4-month custodial sentence. The executor had failed to comply with a court order which had the effect of keeping the beneficiaries out of their share of the estate for almost three years. The judgments in Totton … Read more
Should the trustee of an offshore trust involve itself in proceedings concerning the trust that take place onshore? The received wisdom is that an offshore trustee should be slow to do so and it has long been the position of the Jersey Court that, on questions of validity of a Jersey trust, it is unlikely … Read more
In the eleventh episode of our Private Wealth and Charities podcast series, Richard Norridge, Susannah Cogman and Daniel Hyde discuss the results of our Trust Companies Survey. As our countdown continues, and we reach second place on the podium of the most significant risks our respondents face, we explore the money-laundering risks faced by trust … Read more
In the tenth episode of our Private Wealth and Charities podcast series, Richard Norridge, and Elena Hogg discuss the results of our Trust Companies Survey. As our countdown continues, and we reach the podium of the most significant risks our respondents face, we explore the cyber security risks faced by trust companies. Read more
In the ninth episode of our Private Wealth and Charities podcast series, Richard Norridge, and Nick Clayton discuss the results of our Trust Companies Survey. As our countdown of the most significant risks trust companies face continues, we explore the tax risks faced by the respondents to our survey. Read more
