Wills & Trusts Law Reports | Spring 2023 #190Ms Velutini, the claimant, was a 98-year-old woman with very considerable personal wealth, and without any spouse, children or immediate family. This case related to assets in which she was interested and which had been held within trust structures since about 2011, which were said to have a value of between US$30m and US$50m (the assets).
In April 2021, the BCV Foundations Trust (the BCVFT) was formally established in order to replace various trusts formerly in effect. The BCVFT was a revocable English law settlement. In November 2021, Ms Velutini revoked the BCVFT (the revocatio...
Barny Croft and Louise Corfield consider Pegler v McDonald, the case that has something for everyone The court deemed that its findings added up to a ‘comprehensive disqualification for [the defendant’s] being concerned in the fiduciary administration of assets for the benefit of other people’. If you have not read the case of Pegler v …
Continue reading "Will disputes: The recalcitrant executor"
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Wills & Trusts Law Reports | Spring 2022 #186The claim sought removal of the defendants as executors of the estate of James and Agatha Horsford, who were the parents of the claimants and defendants.
The mother had died in December 2011 and the father had died in January 2014. It was common ground that the father’s estate was not fully administered. The claimants said this was an unconscionable delay. It was also said that the defendants had not properly accounted for their executorship and there remained outstanding questions as to what constituted his estate and what had happened to the monies within it. The defendants were...
