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Trusts and Estates Articles & Publications

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Articles
DateTitleContributorsPractice AreaView PDF
September 2010
Good riddance to the presumption of advancement?
Trusts & Trustees
James Brightwell Trusts and Estates
August 2010
Serving two masters
Trusts and Trustees

This article explores some of the problems of conflicts of interest which arise when a person, typically a corporate trustee, holds shares in a trading company as a trustee of more than one trust. It examines the relevant legal principles and then considers in relation to two typical situations which are hypothetical but based on actual facts how conflicts may arise and how they should be addressed and resolved.  Please click here to view a copy.

Rodney Stewart Smith Trusts and Estates
December 2009
Alhamrani v Alhamrani
Trusts & Trustees, Vol. 15, No. 10, December 2009
Lynton Tucker Trusts and Estates , Offshore work & other areas
December 2009
The irresistible force and the immovable object: when overriding powers and ‘absolute’ interests collide
Trusts & Trustees
Mark Hubbard Trusts and Estates
October 2009
Alhamrani
New Square Chambers - Legal Update - October 2009
Tim Akkouh , Lynton Tucker , Nicholas Le Poidevin Q.C. , James Brightwell Trusts and Estates , Offshore work & other areas View PDF
July 2009
A wide-ranging contentious probate claim
New Square Chambers - Legal Update - July 2009
Rodney Stewart Smith Trusts and Estates View PDF
July 2009
Proprietary estoppel after Cobbe: still alive and kicking
New Square Chambers - Legal Update - July 2009
John Ross Martyn Trusts and Estates View PDF
July 2009
Advising on insolvent estates
New Square Chambers - Legal Update - July 2009
Tim Akkouh Trusts and Estates View PDF
March 2009
Onshore: England and Wales
Trusts & Trustees
John Ross Martyn Trusts and Estates
January 2009
Divorces, shams and settlements
New Square Chambers - Legal Update - January 2009
Jane Evans-Gordon Trusts and Estates View PDF
January 2009
Serving abroad in trust disputes
New Square Chambers - Legal Update - January 2009
Nicholas Le Poidevin Q.C. Trusts and Estates View PDF
January 2009
Trustees spilling the beans
New Square Chambers - Legal Update - January 2009
John Eidinow Trusts and Estates View PDF
October 2008
Carry on varying
New Square Chambers - Legal Update - October 2008
John Ross Martyn Trusts and Estates View PDF
September 2008
The new regime for the enforcement of foreign taxes in the United Kingdom
Trusts & Trustees Journal
Robin Mathew Q.C. Trusts and Estates , Tax View PDF
June 2008
Book Review - Blackstone's Guide to the Mental Capacity Act 2005
Oxford Journals
Jane Evans-Gordon reviews Blackstone's; Guide to the Mental Capacity Act 2005, 18th edition by Professor Peter Bartlett for Oxford Journals. 
Jane Evans-Gordon Trusts and Estates
18 April 2008
To seal or not seal a will, To unseal or not unseal a will
Trusts and Estates Law and Tax Journal
John Ross Martyn Trusts and Estates
6 June 2007
The Gender Recognition Act 2004 – Some possible questions and asnwers
The Trust Quarterly Review, Volume 5, Issue 3, 2007
John Ross Martyn Trusts and Estates
January 2007
Factual evidence and testamentary capacity
Association of Contentious Trust and Probate Specialists Newsletter
Colin Braham Trusts and Estates
2007
Limitation of actions: putting the cart before the horse? (on Green v Gaul; Re Loftus)
Trusts and Estates Law & Tax Journal - [2007] 88 TELTJ 12
Alexander Learmonth Trusts and Estates
4 February 2006
What did Lord Cockburn mean? Some thoughts about Banks v Goodfellow
Trust Quarterly Review, Volume 4, Issue 2 of 2006
John Ross Martyn Trusts and Estates
2 May 2005
Human and legal interest in a probate action: Re Sherrington
Trusts and Estates Law and Tax Journal
John Ross Martyn Trusts and Estates
2005
Dishonest assistance and knowing receipt distinguished
Trusts and Estates Law & Tax Journal - [2005] 71 TELTJ 4
Alexander Learmonth Trusts and Estates
2005
Oxley v Hiscock
Trusts and Estates Law & Tax Journal
Alexander Learmonth co-authored an article on the case of Oxley v Hiscock (constructive trusts of co-owned houses). 
Alexander Learmonth Trusts and Estates
April 2001
Opinion, Advice or Direction of the Court
Trusts and Trustees
An analysis of the various mechanisms available in different jurisdictions around the world to allow trustees to seek the assistance of the Court in the execution of the trust.
Leigh Sagar Trusts and Estates
February 2000
Mortgage Debts and Survivorship
The Probate Section Journal
Joint tenancies - survivorship - whether entire debt (together with entire property) falls on survivor - duties of personal representatives - life policies - family provision.
Nicholas Le Poidevin Q.C. Trusts and Estates
 
IHT and interests in possession
Rodney Stewart Smith Trusts and Estates , Tax
Publications
DateTitleContributorsPractice AreaView Details
August 2010
Lewin on Trusts (18th Edition) - 1st Supplement
Sweet & Maxwell
Lynton Tucker , Nicholas Le Poidevin Q.C. , James Brightwell Trusts and Estates View Details
April 2008
Trusts Law
Palgrave Macmillan
Tim Akkouh is one of the co-authors of this book with Charlie Webb. 
Tim Akkouh Trusts and Estates View Details
January 2008
Lewin on Trusts (18th Edition)
Sweet & Maxwell

John Mowbray Q.C., Lynton Tucker, Nicholas Le Poidevin, Edwin Simpson and James Brightwell wrote the entirety of this book.  Updates to this work are available here on this website

Lynton Tucker , Nicholas Le Poidevin Q.C. , Edwin Simpson , James Brightwell Trusts and Estates View Details
20 December 2007
Williams, Mortimer & Sunnucks - Executors, Administrators and Probate (19th Edition)
Sweet & Maxwell

John Ross Martyn is one of the joint editors of this book. 

Alexander Learmonth edited a chapter on inheritance tax and other assistance. 

John Ross Martyn , Alexander Learmonth Trusts and Estates View Details
2007
A Practical Guide to the Transfer of Trusteeships
STEP
Nicholas Le Poidevin Q.C. Trusts and Estates View Details
November 2006
Probate Practitioners Handbook (5th Edition)
Law Society Publishing
Alexander Learmonth contributed a chapter on the proceeds of crime. 
Alexander Learmonth Trusts and Estates View Details
July 2006
Taxation of Trusts
STEP Journal
Leigh Sagar Trusts and Estates , Tax View Details
2003
Halsbury's Laws of England, vol.6
Butterworths
James Brightwell contributed to the titles on Betting, Gaming and Lotteries (volume 4(1)) and Clubs (volume 6)
James Brightwell Trusts and Estates View Details
2002
Disclosure to objects of powers
Legalease Offshore & Private Client Yearbook 2002
Leigh Sagar Trusts and Estates View Details
7 June 2001
Theobald on Wills (16th Edition)
Sweet & Maxwell
John Ross Martyn is one of the joint editors of this book.   
John Ross Martyn Trusts and Estates View Details
December 1999
Cohabitation: Law and Precedents
Sweet & Maxwell
Jane Evans-Gordon wrote the property chapter and co-wrote the wills and intestacy chapter
Jane Evans-Gordon Property , Trusts and Estates View Details
Podcasts
DateTitleContributorsPractice Area
April 2009
Liability of Directors of Corporate Trustees
CPDCast
Nicholas Le Poidevin discusses the concept of the 'dog leg' claim. This is a claim brought by beneficiaries directly against the directors of a corporate trustee for breach of trust. The podcast looks at the troubled history of the claim, how it might be justified and looks at other more conventional means to get around the problem of enforcing an indirect fiduciary relationship.  To downlaod a copy, please visit the CPDCast site, by clicking here.
Nicholas Le Poidevin Q.C. Trusts and Estates
November 2007
Recent Issues in Trusts
CPD Legal Programme
Leigh Sagar and Emily Gillett contributed to a CPDcast entitled 'Recent Issues in Trusts'. To download a copy, please visit the CPDcast site http://www.cpdcast.com/podcasts/recent_issues_in_trusts
Emily Gillett , Leigh Sagar Trusts and Estates
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