Serle Court publishes its 27th edition of SerleSpeak

We are delighted to introduce the 27th edition of SerleSpeak on the law of trusts. In this edition, our barristers present five articles exploring different trusts law areas, of trust law, which are set out below.

In Constance McDonnell QC’s lead article, she examines the position of adopted and illegitimate children under trusts which predate modernising legislation enacted to give them equal status with other children.

Kathryn Purkis argues that the Jersey Royal Court was wrong to hold that a remedy of enforcement could not be granted against beneficial interests under discretionary trusts. The content from this article was also presented as a #SerleShare format in March 2021.

James Weale considers the willingness of the English courts to use the doctrine of resulting trust to defeat judgment debtors’ attempts to hide behind the corporate veil.

Zahler Bryan then discusses the effects on the law of trusts and fiduciaries of the Supreme Court’s decision in the charities case of Children’s Investment Fund Foundation.

And finally, Max Marenbon addresses the question of when to seek an order for cross-examination of witnesses on applications to remove trustees.

We hope you enjoy reading this edition of serlespeak.

Please contact our Business Development team if you have any comments/suggestions for future topics. We do value your feedback.

The 27th edition can be found on our Newsletters page – here