United Kingdom: Trusts

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Article
Lasting Powers Of Attorney, Liberty And The Right Forum: Reflections On The Sir Ranulph Fiennes Reports
The high-profile case of Sir Ranulph Fiennes has sparked debate about the legal boundaries of Lasting Powers of Attorney and deprivation of liberty safeguards. When does an attorney's authority end, and what role does the Court of Protection play in resolving disputes over care arrangements for vulnerable individuals? This case highlights critical questions that affect anyone involved in making or acting under health and welfare decisions for incapacitated relatives.
United Kingdom Commercial
BH
Boodle Hatfield
Article
What Is A Nuptial Settlement?
Family trusts designed to protect wealth can face significant challenges during divorce proceedings. Courts possess broad powers to treat trust assets as available resources, declare trusts as shams, or vary them as nuptial settlements—potentially affecting beneficiaries, trustees, and family wealth structures. Understanding when a trust may be considered a nuptial settlement and implementing protective measures can help mitigate exposure in divorce cases.
United Kingdom Family
JS
JMW Solicitors LLP
Article
Do I Need To Disclose My Inheritance In Divorce?
When resolving financial matters following divorce, you must disclose any inheritance you have received, and potentially substantial future inheritances. However, disclosure does not automatically mean your spouse will receive a share - English law distinguishes between matrimonial and non-matrimonial property, and inherited assets may be excluded from sharing if kept separate and both parties' needs can be met without them.
United Kingdom Family
JS
JMW Solicitors LLP
Article
Retaining Control Or Influence When Setting Up A Trust
Establishing a trust requires transferring legal ownership and control of assets, but settlors often seek ways to retain some influence over their wealth. This analysis explores the delicate balance between maintaining appropriate involvement in trust arrangements and preserving their legal effectiveness, examining the mechanisms available and the significant risks that arise when control is retained too extensively.
United Kingdom Commercial
Taylor Rose
Article
When Must Trustees Provide Trust-related Documents To Beneficiaries? By Tom Townsend
When beneficiaries request trust-related documents from trustees, a complex balancing act emerges between accountability and confidentiality. This analysis examines the legal framework governing disclosure obligations, exploring how courts weigh beneficiaries' rights to information against the need to protect sensitive settlor wishes and discretionary decision-making processes.
United Kingdom Commercial
Sinclair Gibson LLP
Article
"It Is Difficult To Overstate How Unusual The Facts Of This Case Are": Macfarlanes Obtains £12.6m Injunction For Dignity Funerals Over Trust Funds Paid To Pride Planning
Macfarlanes has secured proprietary injunctions over £12.6 million in assets following what a judge described as a "remarkable" settlement process involving Pride Planning and trustees of a funeral plan trust. The case centers on allegations that trustees breached their fiduciary duties by rapidly settling a claim and transferring all trust assets to Pride Planning, leaving nothing for customers who had not transferred to Dignity. The court found a good arguable case that the settlement constituted a b
United Kingdom Commercial
M
Macfarlanes LLP
Article
UK tax update April 2026 In this article for the April edition of French estate planning journal Ingénierie Patrimoniale, Edward Reed and George Mitkov look at... Article 4 August 2026
This article examines recent UK legal developments affecting estate planning and trust structures, including landmark court decisions on trust registration and HMRC challenges, expanded reporting requirements for overseas entities and trusts, and significant changes to Agricultural and Business Property Relief allowances that impact wealth preservation strategies.
United Kingdom Wealth Mgt
M
Macfarlanes LLP
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