STEP - Trusts Discussion Forum : FAQs

Frequently Asked Questions

The fact that we disagree does not generally stop us forwarding a posting, though if there is an obvious mistake or typographical error we may correct it (or ask the contributor to do so); very occasionally we may ask a contributor if he or she wants to think again.

We don't forward something which strikes us as only in the nature of an advertisment eg: "this problem is too complex to discuss here but give me a ring". If a posting makes some useful point we don't at all mind if it concludes along the lines of "I have dealt with a lot of these types of problems so if you have any further queries then please get in touch."

But if that's all that the posting says, we don't forward it.

There is no objection to any authors referring to discussion in their own books, which is often the easiest way to comment on a point.

The forum is not a service to answer all trust questions, but only to discuss those of general interest. We don't forward questions which seem to us unlikely to lead to an interesting discussion, especially if factually complex or unusual.

We don't usually forward very basic questions, those with a simple answer that a little research will resolve.

Likewise, short emails expressing agreement or thanks. If the same point is made several times, we only forward a selection of the emails.

We don't forward announcements of job vacancies, forthcoming seminars, etc.

We do not forward requests for recommended UK lawyers or other professionals. Please consult a directory (e.g. the STEP directory).

We do forward requests for recommended lawyers or other professionals in other jurisdictions. We also suggest that subscribers search the archive before asking for a recommendation since several jurisdictions have already been covered - the threads are usually headed "Recommmended Lawyer - France", etc.

We will not generally forward emails recommending someone at the same firm as the sender.

The forum is for practitioners' discussion so we don't forward questions from the general public or students.

The forum is a discussion group and not a substitute for research.

It provides material for thought and not advice on which one can legally rely. So we (among others) do from time to time put in a posting suggesting that difficult problem should be sent to Chancery Counsel for advice. To distinguish straightforward matters from issues which deserve to be taken to counsel is itself a useful step.

If a question has been asked and later Counsel had advised, we are always interested to post a summary of his or her advice.

We forward emails requesting recommendations for a Barrister; replies are passed on privately and not published.

One problem in real life often raises multiple questions. For the sake of orderly debate it is essential to break complex questions down so far as possible and to identify issues singly. Less is more.

Because the forum is moderated, there will usually be a delay between sending messages to the forum and messages going out.

We aim to forward those we consider most topical, focused and likely to stimulate interesting debate, and certainly cannot forward every question or answer received. We also limit the number of new questions, so if there is a backlog new questions may take longer. That does keep the total number of emails under control, which is necessary. We usually acknowledge email questions that are not forwarded.

Every now and again it is possible that a posting gets lost - if in doubt, after reading the above, email it again.

About 2000.

James Kessler QC, TEP
24 Old Buildings
Lincoln's Inn
London WC2

Richard Vallat, TEP
Sarah Dunn
Pump Court Tax Chambers
16 Bedford Row
London WC1