United Kingdom: Trusts

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Article
Commercial Court Refuses To Continue Proprietary Injunctions Against Investors In Collapsed Mortgage Lender MFS
The Commercial Court has refused to continue proprietary injunctions against investors who received payments from collapsed UK bridging lender Market Financial Solutions (MFS) before its administration. The court found that investors whose investments were returned before the collapse were bona fide purchasers for value without notice, allowing them to take the monies free of any trust despite MFS's alleged misappropriation of funds intended for mortgage loan origination.
United Kingdom Finance
KL
Herbert Smith Freehills Kramer LLP
Article
Cator v Thynn: The Meaning Of “benefit”
A High Court judgment examines whether trustees can exercise their power of advancement to allow the 8th Marquess of Bath to add his son, born via surrogacy in the USA, as a beneficiary of the Longleat Estate family trusts. The case explores fundamental questions about the meaning of "benefit" in trust law and the interpretation of terms like "child" and "issue" in historic trust documentation, while also considering the implications of recent case law on trustees seeking court approval for momentous decisi
United Kingdom Commercial
M
Macfarlanes LLP
Article
UK Register Of Overseas Entities – Private Trust Information Now Accessible To The Public
Recent UK legislation has dramatically expanded public access to trust information for overseas entities holding UK real estate, removing the previous requirement to know the trust's name. Any individual can now obtain detailed information about settlors, trustees, beneficiaries, and protectors for just £55, raising significant privacy and security concerns for families using trust structures.
United Kingdom Commercial
WL
Withers LLP
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