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Bloomsburry Family law

Wills, Trusts & Probate

Trusteeship Liability and Protection

The aim of this article is to examine the protections available to trustees for breach of trust, and in particular trustee exemption and indemnity clauses, in the light of recent case law. Exemption clauses will generally exonerate the trustee from the consequences of certain actions so he is not liable at all; an indemnity clause will indemnify the trustee from such actions so that even if he is liable he can claim reimbursement. Indemnity clauses may allow the trustee to claim from the fund itself or (particularly where the fund is being wound up), seek indemnity from beneficiaries.

The honest choice

In 1991//92 we were members of what was known as, The Shortfall Monitoring Group, this comprised of interested bodies including Age Concern, Care home proprietors and social services monitoring the effect and consequences of the level of income support being inadequate to fund the fees of residential accommodation. On the one hand it aimed to provide support for individuals and their families, who were under pressure to top up fees, facing the threat of eviction, downgrading of accommodation or use of personal allowances and remaining capital to fund fees. On the other hand it monitored the closure of care homes forced out of business by accommodating elderly people at below market rates

Provision for Elderly Children on Death: What, No Moral Obligation!

Claims by adult children for financial provision from the estates of their parents are frequently met by the answer: you are an adult and under no disability: to succeed, you must establish a moral obligation or other special circumstance: you cannot do so and your claim is bound to fail. see Coventry, deceased (1980) Ch 461 and Jennings, deceased (1994) Ch 286. Is it right to put such a gloss on sections 2 and 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) and, of particular importance to readers of this journal, does any such limitation apply to the elderly child?

Planning Ahead For Post Death Events

The last three issues of Elderly Client Adviser have carried articles about the ways in which the provision made in a will or on intestacy can be varied after death. Such a variation might take place because of a change in circumstances since the will was written, the need to settle claims made against the estate or simply in order to save inheritance tax (IHT).

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