TRUSTS AND TOLATA

36 Private Client offers specialist expertise in all areas of trusts law. Our barristers are regularly instructed in contentious trust litigation before the English and overseas courts at all levels.

The team’s expertise covers lifetime settlements, will trusts, resulting or constructive trusts, trusts arising from the co-ownership of land, trusts in the context of matrimonial proceedings, charitable trusts, pensions trusts, and the taxation of trusts.

Our Members regularly assist clients in the drafting of trust instruments, as well as advising on the scope and proper exercise of trustees’ powers, including in the context of trusts administered in or governed by the laws of overseas common law jurisdictions.

Our core areas of work include:

• Advising on and acting in proceedings under the Trusts of Land and Appointment of Trustees Act 1996
• Advising on and acting in applications under the Variation of Trusts Act 1958
• Advising on and acting in applications under s57(1) Trustee Act 1925
• Drafting and advising on trusts, deeds of variation and associated documentation, including advising on the interpretation of trusts
• Advising on and acting in litigation involving allegations of breach of trust / trustee removal actions by beneficiaries
• Advising on and acting in applications for the interpretation or rectification of trusts or issues of mistake
• Advising on Re Beddoe and Benjamin orders on behalf of trustees.
• Advising on and acting in applications relating to trusts in matrimonial proceedings