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Probate: Pride and prejudice
Paul Willan outlines a case which shows the importance of executors understanding to whom they owe their obligations The problem was that the executors were confusing their obligations to the estate with their obligations to the discretionary beneficiaries. Practitioners will be aware that family arguments are often the most difficult of cases, whether the context …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Lady Naas v Westminster Bank Ltd [1940] AC 366
- Re Crawshay (No 2) [1948] Ch 123
- Re Gulbenkian’s Settlement Trusts (No 2) [1970] Ch 408
- Smith & anor v Crawshay [2019] EWHC 2507 (Ch); WTLR(w) 2019-12
- Smith & anor v Michelmores Trust Corporation Ltd & ors [2021] EWHC 1425 (Ch); [2021] WTLR 1051 ChD
- Smith v Smith [2001] WTLR 1205 ChD