| Call 2014
Jonathan’s experience in trusts, other than in relation to wills and estates, includes:
- An application in the High Court to remove a trustee of a discretionary trust under section 41 of the Trustee Act 1925.
- Advising on and drafting a claim based on trust principles to be brought by a trustee in bankruptcy where the bankrupt had previously sought to purchase a property through a company but the company had been dissolved by the time contracts were purportedly exchanged.
- Advising on the merits of making and resisting applications for a declaration of the beneficial shares in properties owned by cohabitants where the relationship has broken down, and on the appropriate level for settlement offers in these situations.
- Advising on professional negligence in the context of the treatment of trusts under the Inheritance Tax Act 1984.
- An application to remove one trustee and vest the legal title to property solely in the other trustee, on the grounds of a trustee being non-responsive and of steps needing to be taken in the interests of the beneficiaries.
- An application to release money that had been paid into court on the enfranchisement of a lease, on behalf of the party who had been beneficially entitled to the freehold, where the sole trustee had died abroad and had no personal representative.