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The BVI Court of Appeal has recently allowed an appeal concerning a trustee’s failure to account and breach of trust.[1] The breach of trust arose as a result of the trustee making an appointment of the trust assets without considering all relevant circumstances. In overturning the decision, the Court noted that if a settlor transfers … Read more
The ATO has once again shown Private Groups that it is committed to greater transparency – however only this time, it is the ATO that is being transparent. Late last week, the ATO released a list of behaviours, characteristics and tax issues that will attract its attention in relation to Private Groups. The release can … Read more
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
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 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
A former partner of a Leeds law firm agreed a fine with the English Solicitors Regulation Authority (the "SRA") after he used expired Powers of Attorney to withdraw funds from a client's bank account, in order to fund the purchase of a property for his daughter. 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