Court of Appeal considers dispute over mother’s mental capacity

The Court of Appeal of Hong Kong has recently upheld a decision appointing a son to be the Committee to take care of his incapacitated mother's affairs[1]. This was despite protest from the son's sibling, who claimed the son was an inappropriate person to be the Committee. The sibling also contested that their mother did … Read more

Court orders solicitor to complete estate administration or face jail

The County Court at Cardiff has recently ordered a solicitor to comply with the Legal Ombudsman's direction to complete the administration of an estate.[1]  Failure to do so would result in imprisonment for 14 days. The case re-enforces the importance of complying with the Legal Ombudsman's directions in relation to estate administration and illustrates how … Read more

France – Latest news for trusts

The trust regime in France was marked by two events this summer: the suspension of the right to consult the public register of trusts, and a decision of the French Supreme Court which brings into question the constitutionality of the fine for failure to comply with trust reporting duties. We discuss these two developments in this … Read more

Professional trustees avoid liability for investment losses

The London High Court recently held in Daniel and another v Tee and others [2016] EWHC 1538 (Ch) that three professional trustees of a will trust were not liable for alleged losses of £1.5 million incurred by the trust due to its exposure to technological and telecommunications companies following the ' bubble' crash in 2001. Read more