We’ve got a matter where the enemy is questioning the validity of a deed of variation that was signed in 1979 on the basis of an alleged breach of trust!
We are about to send them a letter explaining all the reasons:
- why there was no breach of trust;
- why the doctrine of laches applies to make it too late in time to do anything about it anyway;
- why the Limitation Act applies even if the deed might otherwise be invalid; and
- why overturning the deed would not advantage the enemy in any event,
… in an attempt to get them to withdraw the allegation and undertake not to take any action.
If they do not do so, we are likely to commence our own action to have the deed declared valid.
For advice in relation to trust deeds, ancient or new, see Michael Paterson & Associates.