Keeping a secret

Article Abstract:

It is becoming increasingly unusual in the UK for people to make use of secret trusts, in which the true beneficiary of the trust is concealed. However, courts have had to tackle several cases relating to 'mutual wills,' which are created when two people both agree to make a will disposing of property in a specific way. After the death of the first of the two testators and the receipt of the agreed legacy by the survivor or a third person, the survivor is obliged not to change the relevant provisions in his or her own will. There are also cases of half-secret trusts, where the will, or other document creating a trust, partly conceals the true beneficiary.

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Don't get fenced in

Article Abstract:

Boundary disputes could be avoided if conveyancing plans are drawn up accurately. The title deeds should be referred to in a dispute and the plan and or the parcels clause will hopefully identify the boundaries. A boundary may be changed through a claim by adverse possession. The claimant has to prove possession by people, other than the owner, continuously for over 12 years. Presumptions may be used in cases where the deeds are not clear. Neighbours should be advised to only go to court over boundary issues as a last resort.

United Kingdom, Cases, Boundary disputes, Land titles

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Reforms give trustees greater flexibility

Article Abstract:

The power of trustees over trust land will not be diminished by the United Kingdom Trusts of Land and Appointment of Trustees Act 1996. This act applies to any trust land even if it includes property unless it already has the provision of a strict settlement. Trustees will have the same powers as owners and can purchase land or transfer existing land to beneficiaries. Much of the new act is already used by those drawing up trusts and by those functioning as trustees.

Real estate investment trusts, Real Estate Invest Trusts, Practice, Law firms

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