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Family Law

Found 48 legal briefings

Family Law

In the matter of the representation regarding the Strathmullan Trust

This is the latest in a line of decisions of the Royal Court concerning an application to set aside a trust for mistake. It is the first decided case after the new Articles 47B to 47J of the Trusts (Jersey) Law 1984, as amended, came into force. Carey Olsen takes a detailed look at the case.

Law Firm: Carey Olsen | Published: 30 May 2014 | Practice Area: Succession Planning and Trusts

Rating: 1 person found this useful

A guide for Hong Kong clients on obtaining BVI grants of probate

Because British Virgin Islands (BVI) companies are widely used in Hong Kong for various purposes, it important for clients to understand the nuances and intricacies of obtaining grants of probate and administration in the BVI. In this briefing, Harneys offers a guide for Hong Kong clients.

Law Firm: Harneys | Published: 22 May 2014 | Practice Area: Wills and Probate

Rating: 1 person found this useful

The principles relating to costs in non-adversarial trust proceedings in Jersey

Trust litigation is often necessary; it is always expensive. However, recent judgments of the Royal Court and Court of Appeal of Jersey should bring comfort and clarity to trustees and beneficiaries alike in determining how best to proceed in non-adversarial proceedings, as Mourant Ozannes reports.

Law Firm: Mourant Ozannes | Published: 24 April 2014 | Practice Area: Practice and Procedure

Court of Appeal cooks elder brother’s goose in Yung Kee case by dismissing appeal

The Court of Appeal last month dismissed an appeal in the Yung Kee family company dispute, a decision which indicates that the courts will not exercise jurisdiction to wind up foreign companies which are the subject of shareholder disputes where there is not a sufficient link to Hong Kong.

Law Firm: Herbert Smith Freehills | Published: 07 April 2014 | Practice Area: Litigation

Rating: 1 person found this useful

In the pipeline - future employment law dates to watch out for

This Travers Smith briefing sets out a number of key employment law dates to watch out for over the coming months and years, as well as an assessment of their practical impact. Subjects covered include pensions, executive remuneration, TUPE, unfair dismissal, discrimination and flexible working.

Law Firm: Travers Smith | Published: 04 April 2014 | Practice Area: Regulation and Enforcement

Rating: 1 person found this useful

All's fair in love and law? The brave new world of 'qualifying nuptial agreements'

The Law Commission has released its long-awaited report on Matrimonial Property, Needs and Agreements, including the proposal for a legal, enforceable basis for couples to contract with each other under English law. Macfarlanes looks at the proposed 'qualifying nuptial agreements'.

Law Firm: Macfarlanes | Published: 28 March 2014 | Practice Area: Family Law

Rating: 1 person found this useful

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

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