Archive for Nov 2011

WHEN CAN CREDITORS ATTACK TRUST ASSETS?

Trusts can be valuable estate planning tools, and are often legitimately used to protect assets from the risks of business failure. They must however be structured and administered correctly and lawfully otherwise, as illustrated in a recent High Court case, they are open to attack by creditors. The facts were that a couple owed a…

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DOUBLE COMMISSION DANGER! SELLERS, BUYERS AND AGENTS BEWARE

“Double, Double Toil and Trouble” (Shakespeare) Particularly in these challenging times, properties are often marketed by multiple estate agents before a successful sale is finally achieved. The resultant risks (for all concerned) are illustrated in a case recently before the Supreme Court of Appeal. The sellers in question have ended up having to pay double commission,…

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