How to draft them – circumstances around the settlement of a trust
Memoranda of wishes range from pro froma documents prepared by professional advisers and signed by clients as part of the formality of trust settlement, to carefully considered guidance regarding a settlor’s wishes with respect to the long-term management of a trust.
Increasingly memoranda of wishes, how many, and what they say can be an integral aspect of court proceedings. This was highlighted in Vandy v Vandy at  as follows:
 Mr Fuscic noted that the Memorandum of Wishes to trustees signed by Eric on 28 July 2008 (in which Eric expressed the wish that Verna should be permitted to live in the property for as long as she liked) has been disclosed, but there has been no further disclosure relevant to Eric's wishes as expressed to the trustees. There were five wills made by Eric, and four memoranda setting out his wishes, only one of which has been disclosed. Mr Fuscic asked, "Why hide the rest?"
This webinar, which will conclude with a question and answer section, will focus on:
OTHER TOPICS COVERED
Memoranda of wishes are commonly, but not always pro forma documents that may not fully canvas the settlor’s considered wishes.
This insightful and practical webinar, which will include a work book and precedent memorandum of wishes, will also consider the opportunities a good memorandum of wishes can afford and the dangers of a poorly crafted memoranda of wishes.
25 March 2020
Attendees will learn:
This webinar is targeted at all practitioners at all levels but will be of particular interest to practitioners who advise clients who are establishing new trusts or who deal with on-going trust administration (including lawyers, accountants and professional trustees).
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
1.25 CPD Hours