Sentences with phrase «claim under trust»

Those who are not married can only make claims against their former partner's property by establishing a claim under trust law, which is a complex area of law.

The Alberta Court of Appeal in the very recent decision of Singh v. Kaleremphasized that it is the intention of the claimant (i.e. the party claiming under the trust) at the time of the advance of funds that counts.

Not exact matches

The Trust's maximum exposure under these arrangements is unknown as this would involve future claims that may be made against the Trust that have not yet occurred.

@KatMat: your analogy would begin approaching realism if: — during the pledge of allegiance kids were forced to say «one nation under The Orioles» — our nation's currency said «In Dallas Cowboys We Trust» — if millions were slaughtered, tortured and burned to death because they weren't fans of The Pittsburgh Penguins — if NASCAR fans endlessly attempted to have Intelligent Car Driving taught beside Evolution in science class as a possible explanation for how mankind developed — if «the 5 D's» of Dodgeball (Dodge, Duck, Dip, Dive, Dodge) were constantly attempted to be made into law so everyone would live by the same ridiculous notions, even if those notions knowingly discriminate — if nutters constantly claimed America was founded on the principles of Darts, even though our country SPECIFICALLY calls for a separation between Darts and State because the founders knew the inherent dangers of Darts becoming government instead of staying in the realm of sport where it belongs

The state is not holy and should not claim God in any way (I also oppose the «One Nation under God» and «in God we Trust» blasphemy.)

They can't comment on the individual cases raised, but point out that a crucial question will be whether the councils concerned have the five year land supply to meet their housing need - which councils are require to have under the National Planning Policy Framework which together with its presumption in favour of sustainable development the National Trust, of which Jenkins is Chairman, apparently supported, along with the CPRE (claims my source, who also disputes Hastings's figures on the amount of land built on in any way).

The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

«Just about managing» pupils significantly under - represented in grammar schools, claims Sutton Trust (Freddie Whittaker, Schools Week)

In any case, where a child has disabilities then any academy trust undertaking such a course of action would have to be very cautious to avoid claims under the Equality Act 2010.

Further, under U.S. law, in the case of the insolvency of JPMorgan Chase Bank, N.A., the claims of creditors in respect of accounts (such as the Trust's Deposit Accounts) that are maintained with an overseas branch of JPMorgan Chase Bank, N.A. will be subordinate to claims of creditors in respect of accounts maintained with JPMorgan Chase Bank, N.A. in the U.S., greatly increasing the risk that the Trust and the Trust's beneficiaries would suffer a loss.»

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

The Trust, on behalf of each Fund, has filed with the National Futures Association, a notice claiming an exclusion from the definition of the term «commodity pool operator» under the Commodity Exchange Act, as amended, and the rules of the Commodity Futures Trading Commission promulgated thereunder, with respect to both Funds» operation.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

Nurse claimed in a recent edition of BBC2's science programme, Horizon, that science is under attack, and that public trust in scientific theories has been eroded.

And if, as can easily happen, a claim involves both sets of rules (eg constructive trust and Sch 1) nobody knows whether a claim proceeds in the family courts under FPR 2010 or in the civil courts under CPR 1998; and each set of rules has their significant differences (as will be explained in forthcoming articles).

Our specialist barristers accept instructions for claims and advice under the Civil Partnership Act 2004 and are able to provide expert advice and representation to civil partners in disputes, concerning inheritance, trust planning, property, finance and children.

Clients who lost money may be entitled to compensation under trust protection coverage and can file a claim with the lawyers insurance fund.

The trust argued that Mr. Edwards could not claim damages beyond his notice period and that the only remedy he had was a claim for unfair dismissal under Part X of the Employment Rights Act 1996.

It is defending Royal Bank of Canada Trust Company (Jersey) in litigation brought by two individuals relating to royalties arising out of a feature film; and is representing Manchester Airport in a claim against Ten Group under a guarantee arising out of the termination of an advertising contract with Airport Advertising UK.

Whilst the case does not in fact establish any new case law, it serves as a compelling reminder that the mutual trust and cooperation obligation does not require parties to act any differently under NEC3 than with other forms of construction contracts and should not be held as an axe to discourage a party in circumstances where it may have a valid claim.

Anton is currently instructed by a major private Russian bank in a fraud claim (brought under Russian law) for more than US$ 1 billion against former directors and shareholders and their wives: National Bank Trust v Yurov & others [2016] EWHC 1913 (Comm).

This includes providing advice to lay and professional trustees in avoiding and defending claims by beneficiaries and third parties, advising corporate trustees and trust managers on potential claims and bringing and defending claims under the Inheritance (Provision for Family and Dependants) Act 1975.

It is unclear whether a deemed trust will fall under the claim of a secured creditor.

They asserted that their claim had priority over the DIP lenders because the unfunded pension liabilities created a statutory deemed trust under the PBA; and

Compensation is what could have obtained under the terms of the trust had the beneficiary been aware of its right to claim.

It is notable that this case draws little distinction between a claim brought under a constructive trust and one brought under proprietary estoppel.

In Re Barcham [2009] 1 All ER 145 the court held that TOLATA 1996 did not provide an exhaustive regime for compensation for the exclusion of a beneficiary from the occupation of a property subject to a trust of land and that an essential prerequisite for the power to award compensation under TOLATA 1996, s 13 (6) was the entitlement under TOLATA 1996, s 12 of the beneficiary claiming the compensation to occupy the land at any time by reason of their interest: what triggered that award was the exclusion of that right of occupation.

Andrew specialises in all issues of Contentious Probate, acting for both individuals and trust corporations in matters relating to testamentary capacity, claims under the Inheritance (Provision for Family and Dependants) Act 1975 and in matters where the validity of a Will is challenged.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

She is the executor of the Estate, a beneficiary under the Will and also the owner in fee simple of the Richmond Property which Mr. T. Terezakis claims she holds in trust for the Estate, an allegation which Ms. Ekins vigorously disputes.

Traditional Chancery Faith acts in a wide variety of contentious trusts and probate matters, including claims under the Inheritance (Provision for Family and Dependants) Act 1975.

HC Matcon Inc. v. Aspden Developments Inc., 2009 ONCA 695 - Acted for Respondents at the Court of Appeal regarding application of Bankruptcy and Insolvency Act provisions to breach of trust claim under the Construction Lien Act

The contentious work encompasses dealing with disputes arising from either a Will or Trust to include claims under the Inheritance (Provision for Family and Dependants) Act 1975 («1975 Act claims»), Variation of Trust Applications («VTAs»), and removal of personal representative applications).

Tamara has vast experience of all forms of Property law representing landlords and tenants as well as Lenders in proceedings ranging from standard possession claims to more complex issues of art 8 and unreasonableness, undue influence in mortgage fraud (Ertridge), Judicial Review and reasonableness of action on the part of social housing authorities, co-habitee and family resulting / constructive Trusts, injunctions and applications under s91 of the LPA 1925 to the High Court for orders for sale in mortgage possession proceedings.

The bankrupt claimed that he did not need to rely upon his illegal purpose in order to establish his beneficial interest under a constructive trust.

Probate & Trusts Tom has assisted in applications to remove and substitute executors, Beddoe applications, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and claims disputing the validity of wills.

He has wide experience in property law, wills, trusts and estates, including claims under the Inheritance (Provision for Family and Dependants) Act 1975, together with associated areas of work.

In addition, Russell has expertise in professional and clinical negligence and injury claims and acts for local authorities and healthcare trusts in consent and treatment cases including «best interests» applications, deprivation of liberty applications and under the Court's inherent jurisdiction.

The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate under the statute that allows victims of a felony to bring a civil action; that Maggio breached a fiduciary duty to the plaintiffs by engaging in conduct that violated certain judicial and statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.

LMP Resources claimed a share of the hold - back monies (to the extent of its share of production from jointly owned property) on the basis of: (1) an express declaration of trust, (2) a deemed trust under clause 507 of the 1990 CAPL Operating Procedure, and (3) an entitlement to take its share of production in kind.

The jointly owned properties subject to the claim of a deemed trust were all operated by Exall under the terms of the 1990 CAPL Operating Procedure.

In contrast, the interpretation urged upon us by the appellant would result in the parties being effectively treated as legal strangers under the legislation and would force them to assert their economic claims through more limited and less predictable means, such as trust claims.

A lien bond secures a contractor's or subcontractor's lien claim rather than satisfying it through payment, and does not extinguish an owner's or contractor's obligations under a statutory trust.

Two types of error may permit rectification: (a) both parties subscribe to an instrument under a common mistake that it accurately records the terms of their antecedent agreement; rectification is predicated upon the applicant showing that the parties had reached a prior agreement whose terms are definite and ascertainable; that the agreement was still effective when the instrument was executed; that the instrument fails to record accurately that prior agreement; and that, if rectified as proposed, the instrument would carry out the agreement; (b) where the claimed mistake is unilateral ̶ either because the instrument formalizes a unilateral act (such as the creation of a trust), or where the instrument was intended to record an agreement between parties, but one party says that the instrument does not accurately do so, while the other party says it does.

The court rejected the son's claim largely on the basis that the parties had not intended a beneficial joint tenancy and granted the son a one - third beneficial interest under a constructive trust.

Construction Law: Builder's / Mechanic's / Construction Liens Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43 (35777) Filing a lien does not affect a statutory trust; a lien bond secures a contractor's or subcontractor's lien claim rather than satisfying it through payment, and does not extinguish an owner's or contractor's obligations under a statutory trust.

In Raggett v (1) Society of Jesus Trust 1929 for Roman Catholic Purposes (2) Preston Catholic College Governors [2010] EWCA Civ 1002, [2010] All ER (D) 116 (Aug) it was held that in a sexual abuse claim where the abuse was historic, the order in which the judge approached issues of liability and limitation did not affect the substance of an overall assessment as to whether it was appropriate to exercise judicial discretion under the Limitation Act 1980, s 33 to disapply the limitation period.

(i) the money claimed by the strata corporation has been paid into court, or to the strata corporation in trust, under section 114 of the Strata Property Act, or

As Benefits Canada explains, the court held that the federal statute took precedence over the provincial statute, ruling that «the deemed trust that gives priority to pension claims under Newfoundland and Labrador's Pension Benefits Act wasn't effective in a liquidation scenario in a [CCAA] proceeding.»

But under an equitable doctrine such as Unjust Enrichment, Constructive or Resulting Trust (discussed below), the other spouse could claim an interest to such property.