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The Trustee for the Truman Capote Literary Trust, established as a charitable trust under the will of prolific author Truman Capote, sued Paramount Pictures in Los Angeles County Superior Court [...]

The recent unreported judgement of Kawaley J in the Grand Court of the Cayman Islands of Butterfield Trust (Cayman) Limited v A,B,C et. Al (Cause 119 of 2020) raised a [...]

In February 2019, the decision of Re Marsella; Marsella v Wareham (No 2) [2019] VSC 65, provided some food for thought for trustees paying death benefits from self-managed superannuation funds [...]

One's choice of estate trustee, attorney for property and attorney for personal care is an important one. An estate trustee faces the responsibility of administering your estate in accordance with [...]

In a recent decision, the Supreme Court of British Columbia has clarified the property interests that may arise when a property is held in joint names. While it is clear [...]

The Grand Court of the Cayman Islands and the High Court in England and Wales have recently considered two unusual applications for Beddoe relief: an application by a trustee for [...]

In an unusual decision of the Ontario Superior Court of Justice (Marley v. Salga, 2019 ONSC 3527, released June 6, 2019), Mr. Justice Reid may have opened a Pandora's Box [...]

Z trusts judgment: whose rights take priority when a trust is insolvent? Jersey's Court of Appeal has handed down its long awaited judgment in the Z Trusts case. The decision [...]

Momentous Decisions: Seeking the Court's Blessing In the Matter of A Trust (unreported, 17 January 2019) Tasked with a request to approve a trustee's 'momentous decision', in the recent decision [...]

UCPR amendment re objection to production on a ground of privilege The Uniform Civil Procedure (Amendment No 91) Rule 2019 (NSW) (the Amendment) was approved by the Uniform Rules Committee [...]

On February 1, 2019, the Supreme Court of Canada (SCC) released its highly anticipated decision in the Orphan Well Association, et al. v. Grant Thornton Limited, et al, 2019 SCC [...]

On January 31, 2019, the Supreme Court of Canada (SCC) released its decision in Orphan Well Association, et al v. Grant Thornton Limited, et al, 2019 SCC 5 (Redwater), overturning [...]

Byline: Tom Egan Pre-judgment interest should be added to the counsel fees incurred by trustees during the course of litigation with the beneficiaries of the trust, a Superior Court judge [...]

In a recent decision, the Supreme Court of Canada1 confirms that, barring rare exceptions, shareholders cannot bring proceedings when a corporation suffers damages that result in a loss in the [...]

In Lee v Ponte, 2018 ONCA 1021, the Ontario Court of Appeal considered whether S.7 of the Limitations Act,1 wherein the basic limitation period of two years does not run [...]

In the Matter of the H Trust [2018]JRC171 Introduction In a scenario that may be familiar to many professional trustees, the trustee in this case found itself in the position [...]

Jersey's Royal Court provides guidance to trustees faced with requests for disclosure from a beneficiary The Royal Court of Jersey, in the recently handed down judgment in M v W [...]

The Court of Appeal has ruled on two important high profile cases involving fraudsters (imposters) selling residential property. The outcome is a success for the buyers, both of whom will [...]

The Court of Appeal has confirmed that a non-reliance clause in a commercial lease had no effect as it was not reasonable and therefore fell foul of the Misrepresentation Act [...]

In brief - Commissioner is bound by a court's finding of legal fact, but not to taxation consequences that flow from that fact In Commissioner of Taxation v Thomas [2018] [...]

Employers generally understand their obligation to provide a reasonable accommodation to qualified individuals with disabilities as required under the Americans with Disabilities Act (ADA), as well as a number of [...]

In a recent Chapter 11 case and subsequent Chapter 7 case, Judge Timothy Barnes of the N.D. of Illinois allowed counsel for an assignee ('Assignee') in an Illinois assignment for [...]

Introduction On 23 May 2018, the NSW Court of Appeal in Cam & Bear Pty Ltd v McGoldrick [2018] NSWCA 110 unanimously overturned the trial judge's decision that the auditor's [...]

A landmark Privy Council ruling has been hailed as good news for Guernsey by an island-based lawyer. Nick Robison acted for trustees of the Tchenguiz Discretionary Trust, who had appealed [...]

The recent decision of Semantic Software Asia Pacific Ltd v Ebbsfleet Pty Ltd [2018] NSWCA 12 (Semantic Case) serves as a warning to directors and companies of the risk in [...]

Byline: Roger Yu, @RogerYu_, USA TODAY Viacom Chairman and CEO Philippe Dauman and board member George Abrams filed a lawsuit Monday after a lawyer claiming to represent former Viacom Chairman [...]

In our update this month we take a look at three cases that provide helpful clarification from the courts on issues that will be of interest to the insolvency and [...]

The recent decisions in Avonwick Holdings Ltd and others v Shlosberg and Leeds v Lemos have restricted the ability of trustees in bankruptcy to use privileged documents belonging to the [...]

Ozerdinc Family Trust et al. v. Gowling et al., 2017 ONSC 6, provides a cautionary note for practitioners involved in family trust planning. The legal advice that gave rise to [...]

In a recent decision, the Royal Court of Guernsey considered whether to set aside a distribution on the grounds of equitable mistake where that mistake led to adverse UK tax [...]

In Kenny v. Pacific Inv. Mgm't Co. LLC (W.D. Wash.), a federal judge recently ruled that a mutual fund's independent trustees must produce certain documents that the trustees had redacted [...]

Gordon 'Wayne' Skinner was an elevator mechanic who developed both physical and mental disabilities as a result of an on-the-job motor vehicle accident in August, 2010. The accident left Wayne [...]

Summary The Court of Appeal's ruling in Dawson-Damer v Taylor Wessing offers beneficiaries rights of access to personal data held by trustees and their legal advisers. This is a landmark [...]

Summary The insolvency legislation contains an unusual provision pursuant to section 375(1) of the Insolvency Act 1986 enabling the court to review its own decision. The issue in this case [...]

Background - Fischer v Nemeske Pty Ltd (2016) HCA 11 The Fishers and the Nemes were beneficiaries of the Nemes Family Discretionary Trust (the Trust), of which Nemeske Pty Ltd [...]

Byline: Kevin McCoy, USA TODAY The court-appointed trustee pursuing Ponzi scheme mastermind Bernard Madoff's assets won't be allowed to claw back money from hundreds of former customers who profited from [...]

A federal district court has ordered mutual fund trustees to produce privileged documents to a plaintiff who sued an investment adviser accused of charging excessive investment advisory fees. The November [...]

From time to time, a person will take it upon themselves to hold and administer property for the benefit of another, without having been formally appointed as a trustee. This [...]

Introduction In Drywall Acoustic Lathing and Insulation, Local 675 Pension Fund (Trustees of) v SNC-Lavalin Group Inc.1 the Ontario Superior Court of Justice examined, in the context of competing motions [...]

Barnardo's v. Buckinghamshire [2016] EWCA Civ 1064 Background The rules of the Barnardo's pension scheme (the Scheme) provide for annual increases of the lower of 5% or the increase in [...]

On 26 October 2016, the Full Court of the Federal Court allowed an application for a 'common fund order' in a class action for the first time. The decision in [...]

Background The scope of trustees' investment duties has recently been considered by the High Court in Daniel & Ors v Tee & Ors [2016] EWHC 1538 (ch), with results which [...]

Gal N. Kaufman is Senior Counsel in our Washington, D.C. office. Only a few months ago, it appeared that the dispute between Tom Benson, the controlling shareholder of the New [...]

Lynne Xerras is a Partner in our Boston office. Bankruptcy Court Rules in Favor of University in Trustee's Suit to Recover Tuition Payments, Then Certifies Trustee's Appeal to First Circuit [...]

Introduction Dentons Rodyk acted for Mdm Harianty Wibawa, the settlor of an offshore discretionary trust which has a value exceeding US$45 million (taking into account distributions of some US$10 million). [...]

As a trustee, the issue of whether a particular decision is 'momentous' is often clear, as is the need to apply to court for its blessing of that decision. However, [...]

Where owners of a property were appealing against an order that a creditor had a beneficial interest in their property (following a tracing claim), the court declined to order the [...]

Walter Elliott Holdings Pty Ltd v Fraser Coast Regional Council [2015] QPEC 8 (Walter Elliott Holdings No 1) and Fraser Coast Regional Council v Walter Elliott Holdings Pty Ltd [2016] [...]