The person creating the trust must have the capacity to do so. Capacity is defined by the Mental Capacity Act 2005 as the ability to understand and retain information relating to the decision, to weigh it in the balance when ...

 Trusts are one of the most important concepts in the English legal system The modern trust is based on the idea of dual ownership: that is, both a legal and an equitable ownership In a trust, the legal ownership is ...

Equity ‘mitigates the rigour of the common law’ (Earl of Oxford’s Case (1615)) Equity is underpinned by the notion of conscionability (Westdeustsche Land v Islington LBC [1996]). Conscionability, in short, means 'fairness'. Equity, like the law, depends on precedent and ...

Presentation by Martin Lewis at the Private Client Panel at the Saint Jacques Smith  August 20, 2019 Petersburg International Legal Forum 2015 INTRODUCTION The great majority of off-shore trusts are probably ‘sham trusts’. That is to say, domestic and international ...

Introduction In most parts of the world, it is quite clear that tax evasion and misusing trusts are both generally beloved hobbies of the rich and powerful. Even in the UK, this practice has not gone unseen, the Duke of ...

Identify the difficulties with dividing modern intangible assets such as the BitCoin using the Matrimonial Causes Act 1973 and the Family Procedure Rules 2010. Critically evaluate possible methods for dealing with dividing these assets fairly and discuss whether they should be viewed ...

The criminal justice system of England and Wales has long been treated as one of the most well organised and effective systems in comparison to those of other jurisdictions. It is characterised by an adversarial system where each party competes ...

K.B. Turner, Ph.D. Department of Criminology and Criminal Justice James B. Johnson, Ph.D. Department of Political Science University of Nebraska at Omaha Literature Review: Gender and Bail Most studies examining for gender differences in criminal justice proceedings have focused primarily ...

CHAPTER 5 DISCUSSION The current study attempted to add to extant literature by examining extralegal factors and analyzing their effect on criminal sentencing decisions. Specifically, the study predicted that the independent variables of race, age, and gender would have varying ...

CHAPTER 3 METHODOLOGY Data and Sample To acquire data to examine the effects of age, gender, or race on sentencing, primary data collection was conducted of district court records of two western North Carolina counties: Ashe and Watauga. The target ...