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Saunders v Vautier [1841] EWHC J82, (1841) 4 Beav 115 is a leading English trusts law case. It laid down the rule of equity which provides that, if all of the beneficiaries in the trust are of adult age and under no disability, the beneficiaries may require the trustee to transfer the legal estate to them and thereby terminate the trust.
Re Londonderry's Settlement [1965] Ch 918 is an English trusts law case concerning the duty of trustees to provide information to beneficiaries. It has been heavily criticised and possibly doubted by Schmidt v Rosewood Trust Ltd. [1]
Raffles v Wichelhaus [1864] EWHC Exch J19, often called "The Peerless" case, is a leading case on mutual mistake in English contract law.The case established that where there is latent ambiguity as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it.
The biggest mistake is not naming a beneficiary and forcing assets through the surrogate court for no reason, which can take added time and expenses. In addition, it opens the estate up to creditors.
No one else can own the account other than the beneficiary. Getting funds mixed up might lead to mistakes in the way money is distributed. You can avoid this by keeping separate accounts for each ...
Continue reading → The post 5 Retirement Plan Beneficiary Mistakes to Avoid appeared first on SmartAsset Blog. In that process, though, it's important to manage your retirement accounts and ...
Bell v Lever Brothers Ltd [1931] UKHL 2 is an English contract law case decided by the House of Lords.Within the field of mistake in English law, it holds that common mistake does not lead to a void contract unless the mistake is fundamental to the identity of the contract.
Where one person pays money to another whilst labouring under a causative mistake of fact or law, he or she may be entitled to restitution on the ground of mistake. Restitution for a mistaken payment is widely regarded as the paradigm case of restitution for unjust enrichment.