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Trustees Contract Interpretation

Winstead PC

Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document

Winstead PC on

​​​​​​​It is common for wills or trusts to provide that the fiduciary has the right to construe the document. For example, a provision may state that the fiduciary shall resolve any question regarding the construction,...more

Downey Brand LLP

Trustees Must Terminate California Trust if Terms Compel Distribution

Downey Brand LLP on

Are six sibling co-trustees too many cooks in the kitchen? Many California trust disputes arise from disagreements among sibling co-trustees over how to administer Mom and Dad’s trust after the parents have passed. They all...more

Faegre Drinker Biddle & Reath LLP

English High Court Tackles Jurisdiction, New York Law Indentures and English Law Intercreditor Agreements

In Part 8 proceedings in Citibank, N.A., London Branch v Oceanwood Opportunities Master Fund, the English High Court grappled with an Indenture governed by New York law and an Intercreditor Agreement (ICA) governed by English...more

BCLP

Contractual interpretation disputes from the Trustee's perspective: The saga continues

BCLP on

In the first four months of 2016 three more judgments relating to issues of contractual interpretation of provisions contained in documents of securitisation transactions (all three of them for legacy CMBS deals) and...more

Bryan Cave Leighton Paisner

Corporate Trustees: how gross must negligence be?

Surprisingly, the distinction between negligence and gross negligence in English contract and trust law is unclear. On one view, reflected in the older cases, there is little or no difference at all....more

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