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Family Law

Found 42 legal briefings

Family Law

Guernsey: all interested parties to be considered by the court when blessing a decision of trustees

In a decision which provides useful guidance for both trust and insolvency practitioners, the Guernsey Court of Appeal has upheld a decision of the Royal Court blessing a trustees' decision to pay for the costs of refinancing a trust asset from the assets of a family trust. Mourant Ozannes reports.

Law Firm: Mourant Ozannes | Published: 26 March 2014 | Practice Area: Succession Planning and Trusts

Direct disclosure obligations from the joinder of adult beneficiaries to matrimonial proceedings affecting trusts

Mourant Ozannes reports on the latest in the case of Tchenguiz-Immerman v Immerman, which highlights the tension between the different roles and priorities of the courts exercising supervisory jurisdiction over trusts, and the family court seeking to do justice between divorcing spouses.

Law Firm: Mourant Ozannes | Published: 26 February 2014 | Practice Area: Succession Planning and Trusts

Rating: 2 people found this useful

Employment Appeal Tribunal confirms no extension of civil partners' survivor benefits

The Employment Appeal Tribunal has confirmed that the restriction of a surviving civil partner's pension to the member's post 4 December 2005 pensionable service (in relation to non-contracted out rights) is compatible with EU law. Wragges looks at the claim and outlines action points to consider.

Law Firm: Wragge Lawrence Graham & Co | Published: 26 February 2014 | Practice Area: Equal Treatment

Court takes strict line on solicitor’s duty to follow client’s instruction to draft will

A proposed beneficiary under a will loses out because a solicitor fails to prepare that will. Can that beneficiary make a claim against the solicitor? Herbert Smith Freehills looks at the recent case of Feltham v Freer Bouskell.

Law Firm: Herbert Smith Freehills | Published: 22 November 2013 | Practice Area: Wills and Probate

Rating: 5 people found this useful

Are letters of wishes enforceable?

Letters of wishes are almost always, by their express terms, nonbinding. They are typically used in relation to discretionary trusts to guide a trustee as to how the settlor would wish them to exercise their discretions. This briefing looks at cases which touch on the issues of letters of wishes.

Law Firm: Mourant Ozannes | Published: 20 November 2013 | Practice Area: Succession Planning and Trusts

Rating: 4 people found this useful

Modern families - estate planning for same-sex and unmarried couples

Same-sex couples and unmarried heterosexual couples are two types of what can be referred to as 'non-traditional families', presenting interesting challenges for those involved in estate and succession planning. RBC Wealth Management looks at recent developments and key issues for advisers.

Law Firm: RBC Wealth Management | Published: 15 November 2013 | Practice Area: Family Law

Rating: 5 people found this useful

Discounted gift trusts - an effective means of mitigating inheritance tax liability

The number of people in the UK subject to inheritance tax has dramatically increased in recent years, but for those whose estates may be liable to inheritance tax on death, a discounted gift trust may provide an effective means of mitigating their potential liability, as Bond Dickinson explains.

Law Firm: Bond Dickinson | Published: 13 November 2013 | Practice Area: Inheritance Tax

Rating: 4 people found this useful

The global citizen - how private client lawyers can tap emerging markets

It takes courage to reach out to new markets, particularly given considerations such as profitability, lead time and safety. So what can private client lawyers learn from emerging jurisdictions amid the rise of the 'global citizen'? The Private Client Forum Americas will tackle such issues and more.

Law Firm: Legal Week Events | Published: 11 November 2013 | Practice Area: Private Client

Unreasonable decisions – a cautionary tale for trustees

Mourant Ozannes reports on a recent judgment from the Royal Court of Jersey which highlights that trustees of discretionary trusts should not rely too heavily on letters of wishes in exercising their discretion.

Law Firm: Mourant Ozannes | Published: 08 November 2013 | Practice Area: Succession Planning and Trusts

Rating: 1 person found this useful

Civil litigation in the Royal Court of Jersey - an overview

This briefing provides an overview of civil litigation in the Royal Court of Jersey, the island's principal court. The court has its own procedural rules, which are based on the former Rules of the Supreme Court of England and Wales, but which have some specific differences, as Mourant explains.

Law Firm: Mourant Ozannes | Published: 06 November 2013 | Practice Area: Litigation

Rating: 2 people found this useful

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