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Trust Quarterly Review (TQR)

A quarterly technical digital publication, the TQR provides in-depth technical analysis containing the latest papers from leading practitioners.
STEP TQR March 2019

On behalf of the Editors, welcome to the March 2019 edition of the Trust Quarterly Review. This edition opens with a review of three important complex trust disputes of 2018, from the Supreme Court of Singapore, the Hong Kong Court of Appeal and the UK Privy Council, respectively. Canadian practitioners will be pleased to read how the Ontario Divisional Court’s long-awaited ruling in Milne Estate (Re) offers welcome clarity for estate planners in the province. Practical advice for practitioners in England and Wales is also offered: first, with a best-practice analysis for creating a ‘non-nuptial’ settlement, and then with a discussion of fiduciary neutrality in removal claims, with reference to Griffin v Higgs and Hanspaul v Ward. Closing the issue is a book review of the 34th issue of Trust Drafting Precedents.

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March - 2019

An introduction to this edition from the Editors, and a welcome to our new board member Phillippe de Salis TEP, Head of Fiduciary at Stonehage Fleming in Switzerland. Read more

Ziva Robertson TEP and Jennifer Ronz review three major trust decisions from 2018, from the Supreme Court of Singapore, the Hong Kong Court of Appeal and the UK Privy Council, respectively. Read more

Sarah Higgins and Tamasin Perkins outline the ways in which trusts can be challenged in matrimonial proceedings in England and Wales, particularly the court's jurisdiction to vary nuptial settlements. They also examine how to create non-nuptial settlements and the key issues to consider when setting up trusts to withstand matrimonial claims. Read more

The Ontario Divisional Court's long-awaited ruling in the appeal of the Superior Court decision in Milne Estate (Re) has provided welcome clarity on the validity of the use of multiple wills in Ontario, write Pamela Liang and Maria Velichko. Read more

Edward Hewitt explores the precarious position of fiduciary neutrality in removal claims where there is a family dispute, with reference to the 2018 England and Wales High Court decision in Griffin v Higgs. Read more

Toby Harris TEP reviews Trust Drafting and Precedents: Issue 34, by Geoffrey Shindler OBE TEP and Julie Bell TEP Read more